BOOTA SINGH Vs. AMARJIT KAUR

JUDGEMENT

(1.) This is an appeal by a father who has remained unsuccessful in securing the custody of his minor daughter aged shout 12/13 years in pursuance of application filed by him under section 25 of the Guardians and Wards Act, 1890 (for short, the Act). The main allegation levelled by him against his wife Amarjit Kaur in whose custody the minor girl is that the atmosphere prevalent in the house of his in-laws is not conducive to the welfare and proper up bringing of the said minor. He claims that he being the guardian of the minor daughter is entitled to her custody and according to him it is in her interest also.

(2.) This move of the appellant is opposed primarily on the ground that the same is not bona fide inasmuch as the respondent had secured an order under section 488 of the Criminal Procedure Code for the grant of maintenance to the minor at the rate of Rs. 50/- per month and the appellant now in order to avoid the said payment of maintenance has filed the present application. It is alleged by the wife that the appellant is given to bad way and is a drunkard and does not earn enough to properly maintenance and educate the minor daughter. She also claims that the minor is being looked after properly and is being given education in Govt. Girls High School, Bhagtawala gate, Amritsar, where she is a student of the seventh class.

(3.) Mr. Sehgal, teamed counsel for the appellant, now forcefully contends before me that the father of the child-appellant has an inalienable right to the custody of the minor and he cannot be deprived of it except for strong reasons. He further maintains that besides this preferential right of the appellant, according to the evidence on record, the brothers and father of the respondent Amarjit Kaur have been proved to be bootleggers as they were involved in a number of excise cases time and again, one after the other. According to the learned counsel, not only that the respondent- wife has no means to bring up the child properly but even her application under section 488 of Code of Criminal Procedure was dismissed by the Judicial Magistrate 1st Class, vide his order (Ex. AW 5/1.) dated May 19, 1975.