RAJESH KUMAR Vs. LATASHA

JUDGEMENT

(1.) THIS miscellaneous appeal under Sec. 47 of the Hindu Minority and Guardianship Act, 1956 (hereinafter '1956 Act') has been filed against the order dt. 10.10.2013 passed by Additional District Judge Dholpur dismissing appellant -applicant's (hereinafter 'the applicant') application under Sec. 6 of the 1956 Act. Learned counsel for the applicant has confined his arguments to the claiming visitation rights for the applicant to visit his minor son Mayank, now 12 years of age.

(2.) I have heard learned counsel for the applicant and perused the impugned order dt. 10.10.2013 passed by the trial Court.

(3.) IN this background the applicant moved an application sometime in the year 2008 under Sec. 6 of the 1956 Act for custody of her minor son Mayank then aged 6 years. The case of the applicant was that the non applicant was a mentally unstable woman, aggressive, prone to physical violence and incapable of looking after herself what after her minor son Mayank. It was stated that the welfare of child in the circumstances mandated that his custody be given to the applicant as he was his father and natural guardian, as on the date of filing application Mayank was 6 years old. In support of the application, the applicant aside of himself examined two other witnesses Anoj Kumar Jain AW -2 and Chandrabhan AW -3.