ANJANI KUMAR Vs. SHAMBHU PRASAD

JUDGEMENT

(1.) We have heard counsel for the parties. The present Appeal arises from order dated 26.10.2010 passed by the Principal Judge, Family Court at Khagaria dismissing Guardian & Ward Case No. 04 of 2008 filed by the appellant declining his prayer for custody of the minor child. It was opined, that considering the pendency of proceedings under Section 304B of the Indian Penal Code for the death of the mother of the minor child it would not be in the paramount interest of the minor child to handover custody to the Appellant, especially when since his birth, six months before the death of his mother, he was continuously residing with his maternal-grandparents.

(2.) It was further opined that the maternal-grand-parents were better suited to look after the minor child and the Appellant was not in a position to provide the same level of care and upbringing for financial and other reasons.

(3.) Learned counsel for the Appellant submitted that his wife died of an accident while boiling milk for the minor child. Institution of prosecution under Section 304B was an afterthought to falsely implicate him. Final form had been submitted by the police differing with which cognizance has been taken. The Appellant in good faith, after the demise of his wife, had left the minor child in the custody of the maternal-grand-parents. He never intended to part with and handover custody of the minor child permanently to the maternal-grand-parents devoid of his responsibility as the father, but did so only temporarily for the purpose of convenience of the minor child as circumstances existed at that time. Reliance was placed on ( R.V. Srinath Prasad v. Nandamuri Jayakrishna, 2001 4 SCC 71) in support of the submission that the custody of the minor child must be given to the Appellant.