ASHOK KUMAR JATAV Vs. KU ROSHANI

JUDGEMENT

(1.) THIS is an appeal under Section 47 of Guardians and Wards Act, 1890 against the judgment dated 25-2-2004. The appellant has claimed the custody of his daughter Ku. Roshani from her maternal grandfather.

(2.) THE case of the appellant/applicant is that he is the natural father of Ku. Roshani and is in employment of Railways. It is submitted that wife of the applicant Smt. Batto Bai died on 29-11-1994. At that time Ku. Roshani was aged about one year. Looking to the infancy of Ku. Roshani at the time of death of her mother, she was permitted to reside with the non-applicant No. 2, who happened to be the father of Batto Bai. It is stated that Ku. Roshani was aged 8 years at the time of submitting the petition under Section 6 of Hindu Minority and Guardianship Act.

(3.) THE appellant has stated that he is staying at Jabalpur whereas, the respondent No. 2 is residing at Gadarwara. For the welfare of Ku. Roshani, it is contended that the same may be secured if the custody of Ku. Roshani is handed over to the appellant being her natural father. Moreover, it is stated that the appellant has good means for upbringing of his daughter whereas, the respondent No. 2 is aged about 65 years and has no source of income. So, it is contended that the welfare of Ku. Roshani will be more protected if her custody is handed over to the appellant.