MANMOHAN SINGH Vs. S TAJINDER SINGH

JUDGEMENT

(1.) THE petitioner has sought temporary custody of his daughter namely Ishita (Gudia) age about four years. The wife of the petitioner namely Smt. Iqbal kaur committed suicide on 13. 3. 2005 in which petitioner was implicated as an accused and is facing trial under Section 306 rpc.

(2.) HIS grievance is that the respondents, who are maternal grand parents of the minor child have taken her custody. Petitioner states that being a natural guardian, of the minor child, he is entitled to her custody.

(3.) THIS prayer of the petitioner was resisted by the respondents stating that the petitioner was involved in heinous and gruesome crime, punishable under Section 306/ 498a/34 RPC, and the child being minor was already in the custody of the respondents. Even though the petitioner is the natural guardian but that is not the only ground to give the custody to the petitioner. The paramount interest is the welfare of the minor. The trial court vide order dated 4. 12. 2007 has dismissed the application of the petitioner. It is this order which is subject matter of challenge before this court.