AVINASH CHANDER Vs. ANITA KUMARI

JUDGEMENT

(1.) THIS is an appeal filed by Avinash Chander (hereinafter described as 'the appellant') directed against the judgment pronounced by the Guardian Judge, Gurdaspur, dated 17. 2. 1997. By virtue of the impugned judgment, the learned trial court had dismissed the application filed by the appellant for custody of his son Sunny.

(2.) THE relevant facts which are not controverted are that appellant was married to respondent No. 1 on 18. 10. 1985. They were blessed with a child on 2. 11. 1986. Appellant and respondent No. 1 started living separately though it is contended that there was desertion since 1988. a decree for, divorce by mutual consent was granted on 8. 6. 1990. There was no application made for claiming the custody of the child and he remained with respondent No. 1. The appellant remarried on 29. 8. 1992. Respondent No. 1 also remarried on 12. 8. 1993 with respondent No. 2. Respondent No. 2 has already two children from his previous wife.

(3.) IT was not being disputed at the time of arguments that welfare of the minor child is paramount consideration. It is unfortunate that despite the aforesaid the appellant who is the father of the minor child and respondent No. 1 could not live together. As mentioned above there was a decree for divorce by mutual consent. The natural father and mother of the minor child have remarried. The child is living with the maternal grand mother.