KESHAV RAM THAKUR Vs. SUCHHIBAI

JUDGEMENT

(1.) In this appeal filed by the grand parents under Section 47 of the Guardians and Wards Act, 1890 (shortly referred as the Act), the question before this Court is whether the custody of child Narendra Kumar, now aged 11 years, is to be allowed to remain with the appellants by appointing them as his guardians or directing the appellants to return the custody of the minor to respondent Smt. Suchhi Bai who is his natural guardian mother.

(2.) The dispute about guardianship of minor arose between the parties in the background of following facts and events :The father of the child was Constable in Police force posted at Dantewada in District Bastar in the State of M.P. On 4-6-92 in an encounter with Naxalites he was killed in a bomb explosion. The child Narendra was born on 27-10-87. Since his birth he lived with mother and the grand parents in a house jointly by them in village Parsada about 50 kms. for Mahasamund in Raipur District. As a result of killing of the father of the child in police encounter with Naxalites, the State Government granted an ex-gratia payment of a sum of Rs. 1,50,000/- which has been kept in the joint accounts in the Bank in the name of the minor, grand father and mother Smt. Suchhibai. From the pleadings and evidence on record, it appears that serious disputes and quarrels arose between the grand father and the mother of the child on the question of operating the joint bank account. The relation between them got so much strained that the relatives on the maternal side of the respondent mother intervened. They came and approached appellant grand father Keshav Ram Thakur at his village Parsada. There were police reports made against them for having terrorised and assaulted the grandfather and members of his family. It is because of the above dispute between the members of the family on the two sides of the mother that on 4-6-92 the mother left the matrimonial home at Parsada and came to her father at village Pirda which is about 40 kms. from Mahasamund. According to the appellants who are grand parents, the mother was only interested in exclusively getting the amount deposited in the Bank, she ran away from the house leaving child Narendra to the care of grand parents.

(3.) According to the version of respondent mother prior to and after death of her husband she was continuously subjected to cruel treatment by her in-laws. They objected to her utilising the amount paid by the State Government for her use and for her child. The allegation by the mother against the grand parents is that they forcibly took custody of the child to keep their control over the money in deposit in joint names of the parties and drove away the mother from their house.