RAJ BAI Vs. SHASHI KANT PANDEY

JUDGEMENT

(1.) THIS appeal has been preferred as against order dated 19-7-2005 passed by civil Judge, Panna, in Guardian Ward Case No. 1/2004. The application was filed by Shashikant Pandey, father of Utkarsh, aged 5 years.

(2.) IT is not in dispute that Utkarsh for whose custody the case has been filed, is son of Shashikant Pandey born out of second marriage. Shashikant pandey performed two marriages. First was performed in 1983, from which one daughter was born. First wife died in 1989, thereafter he performed marriage with Aradhana in the year 1990. Second wife Aradhana died on 9-10-2000 leaving behind two daughters and a son Utkarsh. Ekta Pandey daughter born out of first wedlock and two daughters born out of second wedlock are residing with father is not in dispute. Aradhana died, as she caught fire accidentally. Age of Utkarsh was 10-11 months at the time of death of second wife Aradhana.

(3.) IT was averred in the application that son Utkarsh was taken by mother-in-law and maternal uncles. Utkarsh was going to the school at the time when he was residing with his father. In absence of his father, Utkarsh was taken by the mother-in-law and maternal uncles in compliance of search warrant issued by SDM, Panna. The maternal uncles are unlawful elements. There are several cases registered against them. Shashikant Pandey is the father and natural guardian of Utkarsh. Mother-in-law of Shashikant Pandey is also aged and unable to look after the welfare of Utkarsh, hence the custody of minor son utkarsh has been prayed.