KASHMIRL LAL Vs. SHILA DEVI

JUDGEMENT

(1.) This is an appeal against the order of the Guardian Judge, Amritsar, dated September, 18, 1978, whereby the custody of the minor son was ordered to be delivered to Smt. Shila Devi respondent, the mother.

(2.) When the impugned order was passed, the child was less than 5 years old, but three years have passed, since then. Under the law the father is entitled to the custody of a son after the age of 5 years. So one of the considerations, which prevailed with the Guardian Judge is so more available.

(3.) So far as the fitness of the mother and her resources to educate and maintain the minor are concerned, the finding of the Guardian Judge that she was earning Rs. 200 or Rs. 250 per month from tailoring job is based on the ipse dixit of the wife and there is no other evidence to support it. On the other hand, the learned counsel for the appellant has urged that the wife has filed an application for maintenance averring that she has no source of Income to maintain herself. The filing of this application was not denied by the learned counsel for the respondent. In these circumstances, there is no escape from the conclusion that the mother has absolutely no source of income to maintain and educate the child.