BHAGWANDAS Vs. DHANWANTI

JUDGEMENT

(1.) This appeal is directed against the judgment dated 22-7-1998 passed by Additional District Judge, Abu Road, District Sirohi in Civil Misc. Case No. 6/96 whereby the trial Court dismissed the application filed by the appellant under Section 10 of the Guardians and Wards Act, 1890 (hereinafter referred to as the Act). The appellant being aggrieved by the judgment dated 22-7-1998 filed the present appeal under Section 47 of the Act.

(2.) Brief facts, which are necessary for the decision of this appeal are that the marriage was solemnised between the appellant and the respondent. The appellant filed an application under Section 10 of the Act before the trial Court stating therein that out of the wedlock, a male child named Om Prakash was born on 1-8-1986. There were some differences between the appellant and the respondent and, therefore, the respondent has been living with her parents at Mount Abu along with the child Om Prakash. When the child Om Prakash attained the age of 61/2 years, the father of the child the appellant sought custody on the ground that he being the natural guardian and is in a better position to look after the child, therefore, he requested for the custody of the child. The respondent filed a reply before the trial Court and stated that the future of her son Om Prakash is not safe in the hands of the appellant as he is not leading a good life. It was also alleged that she has been subjected to cruelty by appellant her husband and, therefore, she went to her parents house and started living there although at the relevant time, she was pregnant and after three months, she delivered a child.

(3.) The trial Court after considering the evidence led by both the parties, reached to the conclusion that the child is being well maintained by the mother respondent and his maternal grand father and maternal uncles at Mount Abu, his schooling is well looked after by them. The child has secured first division marks in class Vth. That shows that the interest of the child is being looked after properly by the mother and her parents. The child was examined before the trial Court and he categorically stated that he is being properly looked after. He was examined as N.A.W. 2. He stated that he is living with his mother, maternal grand father and maternal uncles at Mount Abu. He stated that he is getting food, clothes etc. properly. He stated that his father never met him and he does not know him. He came to know through his mother that his fathers name is Bhagwandas. He stated that last year he passed Vth class with first division. In his statement, he desired to remain in the custody of the mother. On appreciation of the evidence, the trial Court dismissed the application .filed by the appellant. However, it was directed that the appellant will have a right to meet his son Om Prakash once a week. It was directed that the appellant can go and meet his son at the place where the respondent Smt. Dhanwanti is residing once a week.