LAWS(P&H)-2000-10-7

BUTA RAM Vs. VEERU RAM ALIAS BERRU RAM

Decided On October 03, 2000
BUTA RAM Appellant
V/S
VEERU RAM ALIAS BERRU RAM Respondents

JUDGEMENT

(1.) Happy-Mangat Ram (then aged 12 years) and Jhallu alias Sonu-Mohan Lal (then aged 7 years) are the sons of Khushi Ram and Asha Rani. Asha Rani had expired before the death of Khushi Ram. Khushi Ram died on 3-2-1992. He was working as Sweeper in the Army. After his death, the custody of two children was handed over to the appellant-Buta Ram. Veeru Ram alias Beeru Ram filed an application for the custody of minors and the property of the minors. The same was allowed and hence Buta Ram has come in appeal before this Court.

(2.) Admittedly, Veeru Ram is the real brother of the deceased Khushi Ram. The petitioner and Buta Ram are sons of the same mother but their fathers are different. Before hearing the arguments I had called both the sons of Khushi Ram in the Chamber and questioned them. Both have stated that they wanted to stay with Buta Ram. It also appears from the judgment of the Court below that the same was the position and they had stated that they wanted to live under the guardianship of Buta Ram. However, the Court observed that the wishes of the minor children do not appear to be genuine and they are immature to do the thing independently about their welfare and it appeared that they have been tutored to give statement in the Court.

(3.) I have heard the learned counsel for the parties.