LAWS(RAJ)-1982-11-8

BHIM RAJ Vs. RANG RAJ BAI

Decided On November 19, 1982
BHIM RAJ Appellant
V/S
RANG RAJ BAI Respondents

JUDGEMENT

(1.) MOTHER's affection vs. Father's money, is the real cause title of this double tragedy. Its all about Deepu, a child of 2-1/2 years, made a legal football, between mother and father. The billion dollar questions may be posed, warranting answer are : -

(2.) MOTHER's flesh and blood, parting with pregnancy pains, tales and turmoil, carving out a "child" in womb, and resulting in delivery accompanied by terrible pains, giving birth and herself taking rebirth by survival, whether all to be conveniently forgotten on the alter of 'financial superiority claimed by father for depriving mother for flesh of her flesh?

(3.) IT was pointed out that a guardian cannot be appointed unless in the case of father living, he is found to be unfit to be appointed as guardian of the person of the minor IT was argued that the question of guardianship was not in controversy. The learned counsel also pointed out that there is no finding that the father is unfit for remaining and acting as guardian.