UMA ANTHONY PINTO Vs. STANLEY SABINO COUTINHO

JUDGEMENT

(1.) HEARD the learned counsel for the parties. Delay in filing the Appeal is condoned.

(2.) MRS . Uma Anthony Pinto, Appellant in Family Court Appeal No. 47 of 1997 and Respondent in Family Court Appeal No.48 of 1997 married one Anthony Pinto on 26th August, 1986. Out of the wedlock, Karan, a male child was born on 27th May 1987. The matrimonial relations could not sail happily and on 10th June, 1995, their matrimonial relations culminated into a divorce. Anthony Pinto died on 23rd June, 1995. At that time, Karan, was in his care and custody.

(3.) WE heard these two Appeals from time to time. In the meantime, as reported to us, the God father Stanlay Sabino Coutinho transferred the custody of the child to his grand-mother, who is staying in Goa. Mr. Rannaware, the learned counsel appearing on behalf of Stanley Sabino Coutinho, in both these Appeals, mainly contended that the welfare of the child should be given a paramount consideration. According to the learned counsel, the previous background, namely, the bitter relations of the Appellant Uma Pinto with her husband and her subsequent extra-marital affairs have completely disentitled her from claiming custody of the child. The learned counsel further submitted that having regard to the extra-marital relations of the Appellant-Uma Pinto, if the child is given in her custody, it will have an adverse effect on the mind of the child, her son. In view of this, the prayer for custody of the child by the Appellant Uma Anthony Pinto needs to be rejected.