RAM KISHORE SINGH Vs. NIRMALA DEVI KUSHWAHA

JUDGEMENT

(1.) This appeal is filed by the appellant under Section 19 of Family Court against the order dated 15/7/2004 passed by Presiding Officer of the Family Court, Smt Prabha Khare in Case No. 2/02, by which the petition filed by the respondent No. .1 under Section 25 of the Guardians and Wards Act and allowed the petition by ordering to give the custody of minor to respondent No. 1.

(2.) In short, the facts of the case are that the respondent No. 1 married with the son of the appellant in the year 1995, After marriage one son and one daughter were also born. On 30/10/2002, the husband of respondent committed suicide and after his death appellant taken away his minor son Anup forcefully and kept in his custody. As respondent No. 1 is natural guardian so she is entitled to have the custody of the minor,

(3.) The case of the appellant is that he has filed complaint against the respondent No. 1 regarding murder of his son (husband of respondent No. 1) and the Investigation is going on. Respondent No. 1 is responsible for murder of his son and the minor son Anup was 'the only eye-witness in the incident. Therefore, respondent No, 1 want to take custody of the minor son. After the death of husband of the respondent No. 1, she herself left the son, therefore, looking to the welfare of the minor it is necessary that he should be kept in the custody of the appellant.