SANTRAM Vs. UTTARA KUMARI

JUDGEMENT

(1.) THIS appeal is directed against the Order dated 21.8.1993 in Case No.6 of 1989 by Civil Judge, Class -I, Mahasamund registered on the application of the petitioner under section 10 of the Guardian and Wards Act, 1890 for the custody of his son minor Mahendra Kumar.

(2.) THE facts relevant for the disposal of the present appeal are : The parties to the dispute were married in the year 1982 and a son Mahendra Kumar was born on 15.1.1984 out of the said wedlock. It is alleged that the grand father of the petitioner Pancham and Badhwanteen Bai had brought him up from his childhood and they were residing with the appellant/petitioner. They were looking after and showering their affections on minor Mahendra Kumar. The grand -father of the petitioner Pancham suffered from paralysis and on medical advice started having non -vegetarian diet. This was objected to by the respondent. The dispute between the parties on the above score resulted in an attempt by the respondent to commit suicide by self -immolation. The respondent thereafter started residing separately and had taken away her son, minor Mehendra Kumar, who was then aged 5 1/2 years. The petitioner alleged that he wanted to bring up the minor properly in congenial atmosphere, which is not possible if the minor resides with his mother, the respondent. The respondent is a bad -character woman and is living in adultery with one Santosh Kumar. She has no financial capacity to bring up the minor Mahendra Kumar.

(3.) THE learned lower Court, after considering the material on record, came to the conclusion that the best interest of the minor would be served if he is permitted to continue in the custody of his mother. Therefore, the petition of the appellant for custody of his minor son was dismissed by the impugned order.