SAUDARBAI BAPUKALOTA Vs. RAM RATAN

JUDGEMENT

(1.) BEING aggrieved by the order dated 25-3-2006, passed by IInd Additional District Judge, Indore, in Guardian Case No. 46/2005, whereby the application filed by the respondent under the provisions of guardians and Wards Act, 1890 (which shall be referred hereinafter as Act) for the custody of minor child Dinesh was allowed and the appellant was directed to give the custody to the respondent, the present appeal has been filed.

(2.) SHORT facts of the case are that the respondent filed an application before the learned Court below alleging that the respondent was married with one ashabai, but she was suffering with some mental disease and is under treatment and is being looked after by her father. It was alleged that thereafter the appellant came in contact with the respondent and out of the friendly relation between the respondent and the appellant, appellant gave birth to a daughter, who expired. Thereafter, appellant gave birth to a son Dinesh, who is aged 10 years approximately. It was alleged that appellant is living separately and appellant is not taking proper care of her son Dinesh. It was further alleged that respondent is a teacher and respondent is in a position to take better care of Dinesh. It was prayed that the appellant be directed to handover the custody of Dinesh to respondent.

(3.) THE application was opposed by the appellant on various grounds. After holding summarily inquiry by the impugned order learned Court below directed appellant to handover the custody of Dinesh to the respondent, against which present appeal has been filed.