JASWANT KAUR ALIAS GURDEV KAUR Vs. SAMPURAN SINGH

JUDGEMENT

(1.) The present appeal has arisen out of an application under section 25 of the Guardians And Wards Act, 1890 , filed by respondent Samouran Singh, father of the minor son and husband of the appellant (hereinafter referred to as the respondent). The Guardian Court allowed the application holding that in law-father being the rightful guardian of the minor son, is, therefore, entitled to his custody, more so when it is in the interest of minor child as well.

(2.) While there is no dispute that if not otherwise desirable, in competition with mother a minor son's father has the superior right in law to be appointed guardian of his minor son and is also entitled to the custody of his person and property, it is also beyond question that while dealing with the custody of a minor child, primacy is given not to the legalistic claims but to the interest and the welfare of the minor. In case the interest and the welfare of the minor demands that his custody be given to a Person other than the one who is entitled to be appointed his legal guardian, then the Court would he guided by the interest and the welfare of the minor in regard to the passing of an order for his custody.

(3.) It deserves noticing that the child for all these years had at no occassion had even the benefit of seeing his father. He appeared in Court and in answer to a question expressed ignorance of the fact as to who was his father and what was his name. He firmly expressed the desire to live with his mother and not with his father.