ANAND KUMAR Vs. LAKHAN

JUDGEMENT

(1.) Instant First Appeal is filed under Sec. 19 of Family Court Act, 1984 against the order dtd. 22/11/2018 passed by Principal Judge, Family Court, Shivpuri in case No. 07/2018 (Guardian); whereby, application of respondent filed under Sec. 6 of the Guardian and Wards Act, 1890 has been allowed.

(2.) Precisely stated facts of the case are that respondent filed an application under Sec. 6 of the Guardian and Wards Act, 1890 (hereinafter shall be referred to as "Act of 1890") seeking custody of his son- Ayush, aged about 2 year 3 months with the submissions that his minor son was born on 13/1/2016 and after his birth, wife of respondent namely Mala alias Manjula went to her maternal home with his minor son, where she died (suicide) on 8/4/2017. Therefore, case against respondent at the instance of appellants under Sec. 304-B, 498-A, 506, 34 of IPC and Sec. 3/4 of Dowry Prohibition act was registered.

(3.) It was further alleged that he requires the custody of his minor son because his maternal grandparents are not looking after him properly with their meager financial resources and they are less literate, which have an adverse effect over the child. Appellants are keeping him aloof from love and affection of his son. He is able to maintain his child as he is a Govt. Employee, a Constable in Indo-Tibetan Border Police (I.T.B.P.). He is the natural guardian of the child. Therefore, custody be provided to him.