PURAN SINGH Vs. SATYA KUMARI

JUDGEMENT

(1.) This appeal has been preferred by the father of the child whose custody he seeks under Section 25 of the Guardians and Wards Act, 1890, (hereinafter referred to as the 'Act'), against the judgment of the learned Senior Sub Judge, Mandi declining him custody.

(2.) It is undisputed that the parties to this appeal were married on 10.8.1990 and Prashant, whose custody is sought by the appellant, was born in December, 1991 and was aged about 6 1/2 years at the time when the petition was instituted.

(3.) The petition was opposed by the respondentmother on the ground that she was forcibly thrown out of the house by the petitioner, appellant and his parents and was threatened with dire consequences if she dared to return. She pleaded that they even threatened her that they would kill her. She pleads that the appellant is a drunkard and was harassing the respondent and her parents with constant demands of dowry. In August, 1998 while she was ill, she was beaten mercilessly for 3/4 days and she was not given any medical aid and attention. In these circumstances she was forced to leave the house and part with the custody of the child who was illegally confined by the appellant and his family members which prompted her to initiate proceedings under Section 97 of the Code of Criminal Procedure for his recovery.