GOVERDHAN LAL Vs. GAJENDRA KUMAR

JUDGEMENT

(1.) Briefly narrated the facts of the case are that respondent Gajendra Kumar submitted an application under Section 25 read with Sections 10 and 12 of the Guardians and Wards Act (hereinafter to be referred to as the Act") stating therein that marriage of respondent was solemnized with Smt. Sushma Sharma D/o appellants Nos. 1 and 2. It is stated that out of this wedloock, two children, namely Virendra and Ashish were born. Smt. Sushma passed away on 12-3-1988 and at the time of her death, since there was none to lookafter minor Ashish aged only 3 months, the respondent, as per the application, left his son Ashish with appellants Nos. 1 to 3. The respondent further averred that appellant No. 3 had great affection for Ashish and as such, appellants Nos. 1 and2 decided to marry Rama Sharma, appellant No. 3 with respondent. Rama did not agree to this proposal and ultimately, the respondent married himself with one Seema. The respondent prayed that he being natural guardian, the custody of his minor son be ordered to be handed over to him.

(2.) It is further stated that on 13-2-1992 when the respondent went to the appellants Nos. 1 to 3 and asked them to hand over custody of his son Ashish, they refused to hand over custody of Ashish to respondent.

(3.) The appellants No. 1 and 2 contested the above application and submitted a joint reply. The appellants took the plea that at the time of death of their daughter Sushma, Ashish was hardly 3 months old and there was no one to take care of Ashish and that respondent himself left his son with them. The appellants stated that after the death of Sushma, the respondent did not take care of his son Ashish and that he also performed his marriage with one Seema and out of this wedlock, one daughter was also born. The appellants further stated that Ashish and respondent are foreigners to each other and that it will not be in the well being of Ashish to live with his father and step mother, particularly when a daughter was also born and that respondent was busy with his newly married wife and daughter. The appellants stated that Ashish was very well taken care of by them and they have been imparting education to him. He is happy and getting great love and affection in the company of appellants.