SAWARN SINGH Vs. NARINDER SINGH

JUDGEMENT

(1.) This appeal at the instance of Swaran Singh is directed against the order dated 15-9-1980 of Senior Sub-Judge, Hoshiarpur, whereby he allowed the application of respondent Narinder Singh under section 25 of the Guardian and Wards Act holding that Narinder Singh was entitled to get the custody of his minor sons Hardeep Singh and Pawandeep Singh.

(2.) The facts necessary to appreciate the respective rights of the parties regarding the custody of the minors in question can be stated thus : Narinder Singh was married to Surjit Kaur in the year 1967. She gave birth to three male children from his loins. Narinder Singh is employed in Police Force. In his absence, his wife died in February, 1977. Narinder Singh's father was convicted under section 306, I.P.C., in regard to the death of Surjit Kaur. He was sentenced to 4 years' rigorous imprisonment and a fine of Rs. 2,000/-. He was on bail. The elder minor son, whose custody along with the younger one is sought by Narinder Singh, appeared as a prosecution witness against his grand-father, i.e., father of Narinder Singh. Narinder Singh has since re-married.

(3.) It is, no doubt, true that father is the natural guardian of his minor sons and if there is no special circumstance that may warrant denying of custody to father of his minor sons, then father is to be preferred as guardian.