DALIP SINGH Vs. SUMAN DEVI

JUDGEMENT

(1.) - This is an unfortunate case where the custody of a minor child is in dispute amongst his parental and maternal grand-fathers. Another disturbing factor in the case is that mother, maternal grand mother and one Ravinder have been convicted under Sections 302, 34 IPC for the murder of his father.

(2.) THE petitioner before this Court is the parental grand father of minor Lakshay Yadav son of deceased Sanjay Kumar Yadav He filed a petition under Section 10 of the Guardians and Wards Act, 1890 for the appointment of guardian of minor Lakshay Yadav The application for interim custody of the child was also filed on 3.10.2006. Initially, on 12.10.2007 on the statement of respondent No. 1, it was directed that Master Lakshay Yadav will be got admitted in Somany Vidyapeeth Public School at the expenses of the petitioner, however, during vacations, he will join his mother in jail. The petitioner being aggrieved against the direction to the effect that the child shall join his mother during vacations filed application for review of the order, which was followed by another application keeping in view the development during the pendency of the first application that the trial in the criminal case had concluded in which the mother, maternal grand mother and one Ravinder were convicted for the murder of the father of Master Lakshay Yadav However, his maternal grand father, who was also one of the accused, was acquitted. Another application was filed by respondent No. 1-mother with the plea that the child be handed over to India Vision Foundation which is being run by Dr. Kiran Bedi to enable it to take care of education of the child, however, during vacations, the child may go to the house of maternal grand father.

(3.) LEARNED counsel for the petitioner submitted that dispute is regarding custody of Master Lakshay Yadav is 7 years of age. His mother, maternal grandparents and one Ravinder were accused for the murder of his father. During the pendency of the petition before the learned court below, after conclusion of the criminal trial, though maternal grand father was acquitted, but mother, maternal grand mother and another person-Ravinder were convicted under Sections 302, 34 IPC and at present they are undergoing imprisonment. Under these circumstances, it would be totally unsafe for the future of the child to let him remain in their custody in permeative years of life, as they will poison his mind. The child unfortunately have spent early age of his life with his mother in jail, where she must have done that act. Mere fact that the entire family was accused and mother, maternal grand mother have been convicted is enough to deny them the custody of the child considering his future. The petitioner was earlier also ready and willing to bear the expenses of study of the child in Somany Vidyapeeth and even now wherever he studies, the petitioner is ready and willing to pay expenses for his education, but during vacations, he should be directed to live with him and not with the family of his mother, who were guilty of killing his father.