SURENDRA KUMAR Vs. KANTA

JUDGEMENT

(1.) THIS appeal has been filed under Section 47 of the Guardians and Wards Act, aggrieved by order dated 13-11-1977, passed by the 4th Additional Judge to the Court of District Judge, Indore in Guardian Case No. 71 of 85, whereby the lower Court has dismissed the petition filed under Sections 7, 17 and 25 of the Guardian and Wards Act read with Section 13 of the Hindu Minority and Guardianship Act.

(2.) IT is a common ground that the marriage between the appellant and the respondent took place on 14-4-76 and from appellant respondent gave birth to a child named 'gaurav' on 17-3-77 at Indore. Before the birth of the child, the respondent Smt. Kantabai was residing at Indore. The appellant had filed an application under Section 9 of the Hindu Marriage Act against the respondent, seeking restitution of conjugal rights; but it was dismissed. It is also not disputed that the respondent had filed an application under Section 125 of the Cr. P. C. at Indore, which was also dismissed on 2-7-80, in default. Thereafter, application under Section 13 of the Hindu Marriage Act was filed by the appellant, which was also dismissed.

(3.) THE case of the appellant before the lower Court was that on 4-9-76, the respondent came to Indore to attend the marriage ceremony in the family, and since then she has not returned back to the house of the appellant. In the maintenance application under Section 125 Cr. P. C. , the respondent herself had pleaded that she is not in a, position to support her self and her child. According to the appellant, he is serving in LIC and earning Rs. 1500/- per month. He is an educated person and his whole family is educated and hence the child 'gaurav can be maintained properly by the appellant and his family and his future will be bright. Furthermore, the appellant being a Punjabi, if Gaurav remains with the appellant he shall adopt the Punjabi culture as the appellant resides in Punjab. Therefore, the appellant be appointed guardian of the child and the custody of the child be given to him.