GHEESI Vs. SHRI RAMA

JUDGEMENT

(1.) THIS is an appeal under Section 28 of the Hindu Marriage Act, 1955, hereinafter to be referred as the "act", by one Smt. Gheesi against an order of the learned district Judge, Ajmer dated 14-11-69 passed under Section 26 of the Act disallowing the appellant's application for restoration of the custody of her minor son.

(2.) SMT. Gheesi and the respondent Shri Rama were married according to Hindu rites on the Akhateej of the year 1962. The couple appears to have lived peacefully till January, 1967. A son was born to them and he was two years old on the date of the presentation of an application under Section 10 of the Act by Shri rama against Smt. Gheesi for judicial separation. After sometime trouble arose between the spouses and on 11-5-69 Smt, Gheesi had to leave the husband's house at Pushkar and started living with her parents at Ajmer. She averred that as she was turned out, she could not bring the child with her. During the pendency of the application for judicial separation she applied for the custody of the child on 29-9-69- The learned District Judge ordered the production, of the child and the child appeared in his Court. The child was below 5 years of age at the time. The learned District Judge recognised that normally the custody of an infant below 5 years has to remain with the mother, but in view of the fact that the child had not been living with the mother since 11-5-69 or so, he felt that the child might not even recognise the mother. He, therefore, made the child weep and then left him to go to one of the two women namely, his mother and the grandmother who was present in Court. The child went to the grand-mother. The learned District Judge, therefore, felt that the child was not able to recognise the mother at all. Accordingly, he allowed the child to remain in the custody of his father as he was, as he thought that to be in the interest of the child. I may read the relevant portion of the judgment of the learned District Judge:--

(3.) THE appeal is, therefore, hereby dismissed. There shall be no order as to costs.