RAJEEV VARMA Vs. SANTOSH KUMAR KUSHWAHA

JUDGEMENT

(1.) This is an appeal filed by Rajeev Verma, appellant/non-applicant/father of minor child Ku. Roshani under Section 47 of the Guardian & Wards Act, 1890 (hereinafter referred to as "the Act"), being aggrieved by the order dated 27-3-2006 passed by First Additional District Judge, Satna in Misc. Case No. 2/2004, thereby allowing the application filed by Santosh Kumar Kushwaha, respondent/applicant/maternal grandfather of the minor under Section 10 of the Act, for his appointment as the Guardian of minor child Ku. Roshani. The brief facts of the case may be summarised that Premlata Verma, daughter of the respondent/applicant was married to the appellant/non-applicant on 6-12-2000 as per Hindu rites and ward Ku. Roshani was born out of their wedlock on 15-9-2001 at Gupta Clinic, Satna. Premlata Verma, committed suicide on 3-5-2003 by taking poison. Since then the respondent, who is the maternal grandfather of the ward Ku. Roshani has been looking after her. Appellant was prosecuted in Sessions Trial No. 110/03 under Sections 498A, 304B, 306, 302 or 302/04 of IPC. He also intends for his second marriage. The minor child has been residing with respondent, who has been maintaining her. She likes to live with him. Therefore, he filed an application under Section 10 of the Act on the aforesaid facts.

(2.) The appellant/father of minor child denied claim of respondent and pleaded that when he was in jail, respondent/applicant had taken forceful custody of his minor daughter and submitted that he is a practicing lawyer at District Court, Sidhi and also earns substantial income from his computer centre, therefore, he can look after her well. He had no role in death of his wife, therefore, he had been acquitted in Sessions Trial No. 110/2003. He is father and natural guardian of his minor daughter. Thus, he prayed for custody of his minor daughter.

(3.) The First Additional District Judge, Satna examined the matter, considered all relevant factors for the welfare of the minor and ordered to give custody of minor child Roshani to the respondent/applicant.