RAJENDRA Vs. MADHUBALA

JUDGEMENT

(1.) THIS appeal arises out of the order dated 14. 2. 1994 passed by the Presiding Judge, Family Court, Rewa in Guardian Case No. 12 of 1993, rejecting the petition of the appellant under Section 25 of the Guardians and Wards Act, 1890 (hereinafter referred to as the' Act' for restoration of the custody of his minor son.

(2.) FACTS relevant for the disposal of this appeal, briefly stated, are that respondent No. 1 is the legally weded wife of the appellant and a son named Manu was bom to her out of the wedlock with the appellant. After the birth of the son, respondent No. 1 went to her parents home to complete her studies in Ayurvedic Medicine and Surgury leaving the boy with the appellant, who was taken care of by the appellant and his relations. When the boy was happily living with the appellant and getting education in Sainik Shishu Niketan at Rewa the respondent No. 1 moved an application under Section 10 of the Act before the District Judge, Farrukhabad for custody of the son on the ground that the appellant was living in adultery and the boy was not getting proper love and affection from the appellant and obtained an order for the custody of the child on 4. 9. 1992-Thecustodyofthe boy was handed over to the respondent No. 1 pursuant to the order of the District Judge, Farrukhabad. Sometimes thereafter the appellant moved an application under Section 25 of the Act on the ground that the boy was aged more than five years and he being the natural guardian of the boy, custody of the boy should be restored to him.

(3.) THE Family Court rejected the application on the ground that the appellant was intending to take a second wife, therefore, the boy was not likely to get proper love and affection from the appellant.