VEGESINA VENKATA NARASAIAH Vs. CHINTALAPATI PEDDI RAJU

JUDGEMENT

(1.) The question that arises for consideration in this appeal is regarding the custody of a minor girl ages about two years at the time of filing of the application. The appellant before us is the mothers mother of the minor and the respondent her father. The respondent was married to the minors mother in the year 1960. The appellant made a gift of her property to her daughter the minors mother. The minor was born on 20/07/1961 and her mother died on 20/05/1962 in suspicious circumstances according to the appellant. On 4/06/1962 by the mediation of some elders of the village. The respondent executed two deeds of settlement one in regard to half share of the property which he inherited from his wife after her death and the other in respect of 5 acres of land owned by him. By these two deeds, he made a gift of the half share inherited from his wife and 5 acres of his own land to the minor. In the deed of settlement regarding 5 acres of his land, the respondent agreed to manage the same and give 5 bags of add each year to the appellant so that the minor girl may be looked after and maintain. The respondent was married again in the month of May, 1962. On 5/08/1964 he filed an application under the Child Marriage Restraint Act against the appellant, her sons and others for an injunction restraining them from marrying the minor. In that he alleged that the respondents to the petition were contemplating the marriage of the minor when she was only about 3 years old. This application was contented by the appellant and others and the Magistrate by his order dated 13/08/1964, (Exhibit A-4) held that the respondents to the petition had contemplated such marriages of the minor and therefore issues an injunction against those respondents. After the successful termination of the aforesaid petition, the respondents filed O.P. 91/64 out of which the present appeal arises an 8/10/1964 under Sections 7,10 and 25 of the Guardians and Wards Act (hereinafter referred to as the Act) for the custody of the minor child and for a declaration that he is the guardian of her person and property. In that petition he alleged that the appellant herein somehow developed ill-will against the respondent and was bent upon keeping away the minor girl from him so that no affection or intimacy developed between the father and the girl. He further alleged that the appellant would not even show the girl to him whenever he wanted. He also alleged that notwithstanding the injunction issued by the District Munsif Magistrate at Bhimavaram restraining the parities from marrying the minor girl the appellant still appears to be making an effort for marrying the girl.

(2.) The appellant resited the petition alleging inter allia that her daughter was ill-treated by the respondent during her lifetime and she died in unfortunate circumstances. She claimed that the time of the death of her daughter the respondent relinquished his rights of the guardianship of the minor in favour of the appellant. The respondent also agreed to give the appellant the income to the minors property covered by the settlement deed dated 4-6-62 for the maintenance of the minor. She averred that the minor was being brought up by her with care and affection and that the allegations that she is not the proper guardian or that she has been keeping the girl away from the father though he has been anxious to see her are false. She also stated that she never entertained the idea of performing the marriage of the minor and the earlier application was engineered by her husband and uncle. Her case is that as the respondent is married and has a child, it will not be in the interest of the minor girl to go and live with him as there cannot be any natural affection and love between the stepmother and the minor child.

(3.) On these pleadings the District Judge, West Godavari framed the necessary points for consideration and held that considering the welfare of the minor, it was necessary that she should continue in the custody of the appellant; but the appellant shall on every Sunday send the child to the fathers house and this arrangement will continue till the minor attains the age of 11 years. As regards the property of the minor he appointed the respondent a the guardian.