NILAKANTHA PATI Vs. ANANTA MISRA AND ANR.

JUDGEMENT

(1.) THESE two appeals directed against a common order relating to custody and guardianship of a minor and disposed of by this judgment which shall govern both.

(2.) THE basic facts necessary for adjudication of the appeals are that Appellant; Nilakanta was married to one Sailabala in the year 1981 and Respondent Ananta is his father -in -law. According to Ananta, Sailabala committed suicide on 11 -12 -1986 and Oil the basis of investigation, a charge -sheet under Sections 498 -A, 306, 323, Indian Penal Code and under Sections 3 and 4 of the Dowry Prohibition Act has been filed against Nilakantha and the matter is pending trial in the court of Subdivisional Judicial Magistrate, Puri. After the death of Sailabala, Tapas Kumar Pati, the minor son, whose custody and guardianship are the bones of contention in these appeals, stayed with one Bhagaban Das, (Respondent No. 2 in Misc. Appeal No. 14 of 1989), another son -in -law of Respondent Ananta. 'Two applications registered as Misc. Case Nos. 735 of 1987 and 775 of 1987 were filed in the court of District Judge, Puri under Sections 7 and 25 of the Guardians and Wards Act, 1890 (hereinafter referred to as 'the Act'). By the first application Respondent Ananta prayed for appointment as legal guardian of minor Tapas, while the other application was filed by the Appellant for his custody.

(3.) MR . B.H. Mohanty, learned Counsel appearing for the Appellant, submitted that the principles necessary for adjudication of a case of this nature have not been kept in view while disposing of the matter. According to him, the order was passed without any material basis on record to substantiate the conclusions. He placed reliance on a decision of the Madras High Court reported in