MOHAMMAD HAYAT GANIE Vs. RAJA

JUDGEMENT

(1.) APPELLANT 's petition seeking custody of wards i. e. minor sons and daughter namely Shahid Hayat, Tanveer Hayat, Nadeem Hayat and Shugufta in terms of S.25 of Guardians and Wards Act has been declined by Sub Judge, Handwara vide judgment dated 28-9-2002 which is now impugned. Basically appellant and respondent were married. From the wedlock three sons and a daughter are born. Nuptial knot got untied due to the divorce but respondent along with children continued to live in the house of the appellant. Appellant who is Head Constable in the JandK Armed Force has remarried and has got children from the 2nd wife, so is putting with her at Srinagar.

(2.) APPELLANT with the object of divesting respondent of her children filed petition for custody of the children, contending therein that educational career of the children is not safe in the hands of respondent as respondent is not in a position to maintain them due to economic backwardness. It is also contended that though appellant in connection with employment is away from his home but his sister is available to take care of the children in his absence.

(3.) LEARNED counsel appearing for the appellant projected that the appellant is natural guardian so is entitled to the custody of the male minors at the age of seven years whereas female minor at the age of 12 years. This contention of the appearing counsel is not acceptable. Apart from such position of law, welfare of the minors is of paramount importance, various factors have to be taken into consideration so as to safeguard the interests of the minors.