BHARAT BHUSHAN Vs. KAUSHALYA

JUDGEMENT

(1.) Bharat Bhushan Handa, the father, has come up in appeal against the order of Guardian Judge, Hoshiarpur refusing to grant him the custody of his minor son Nitan Handa.

(2.) The appellant was married to Smt. Sujata Kumari. From this wedlock, a son was born on October 24, 1977. Smt. Sujata Kumari died on April 1, 1980 on account of the burn injuries which she had received on the night intervening 31st March/1st April, 1980. First Information Report was lodged by the respondents against the appellant under Section 302 read with Section 34, Indian Penal Code as also against his father, brothers, mother and brothers' wives. After trial the appellant and his father were convicted and sentenced to undergo imprisonment for life vide judgment dated February 4, 1981 rendered by the Additional Sessions Judge, Hoshiarpur. On appeal, their conviction and sentence was set aside by the High Court. The appellant re-married and got progeny from his second wife. He moved an application under Section 25 of the Guardian and Wards Act for the custody of his minor son, who is alleged to have been taken away by the maternal grand parents after the death of Smt. Sujata Kumari.

(3.) The Guardian Judge, after examining the entire evidence, come to the conclusion that the appellant is not entitled to the custody of the minor son, and dismissed.