NEELAM Vs. MAN SINGH AND ORS.

JUDGEMENT

(1.) THE present appeal under Section 10 of the Guardian and Wards Act, 1890 (for short "the Act of 1890") was filed by appellant -Neelam assailing the order dated 09.05.2008 of Civil Judge (Senior Division), Kaithal by virtue of which her petition seeking directions to Man Singh and his wife Murti Devi (respondents) to hand over to her the custody of her minor daughter Muskan, was dismissed. The facts gathered from the record are as under:

(2.) THE respondents contested the petition and in their joint written reply, they disclosed that after Muskan was born on 28.02.2002, appellant Neelam and her husband -Subhash Chander had started living separately. During that period, one Bahadur son of Sunder, resident of Village Jaani started visiting the appellant at her house claiming to be her brother by religion. Once appellant -Neelam was found in a compromising position with Bahadur by her mothering law (respondent No. 2). Despite objection from her in -laws Bahadur carried on to visit Neelam in absence of her husband -Subhash Chander. After some time, Neelam and her brother Pala Ram and said Bahadur shifted the entire household articles of Subhash Chander to Karnal and persuaded him to come and live with them at Karnal. Because of the threatening given to him, he accepted their demand. Subhash Chander visited the respondents time to time and narrated to them the immoral activities of his wife Neelam and Bahadur. On 15.10.2005 Subhash and Neelam visited Village Sirsal for paying obeisance at Mata but did not visit the house of the respondents. On 17.10.2005, at about 5.00 am., the police intimated the respondents that dead body of Subhash Chander was lying on the railway track. A suicide note was recovered from the dead body by the police of GRP, Karnal which revealed that Neelam with the help of said Bahadur and her brother Pala Ram, forced Subhash Chander to commit suicide. A Criminal Case bearing FIR No. 176 dated 24.10.2005 under Section 306 and 120 -B of the Indian Penal Code was registered in which all the aforesaid three persons were facing trial.

(3.) IT was argued with vehemence on behalf of appellant Neelam that she being the mother of minor Muskan is her natural guardian. She is employed in a hospital and is drawing handsome salary as was proved from the certificate Ex. P1 issued by Jagdamba Hospital, Karnal. The dead body of her husband Subhash Chander was found on a railway track which indicated that he had met with a railway accident, but at the instance of the respondents, who had various scores to settle with Neelam, she was falsely involved in a case under Section 306 of the Indian Penal Code in respect of death of her husband. When she was in Judicial Custody the respondents taking advantage of her absence managed to take away minor Muskan from the parents of Neelam with whom she was residing. Learned counsel asserted that after the death of the father the best and natural guardian of the minor is her mother and not her grand parents. The love, affection and company of the mother is more important for the minor.