TARA DEVI Vs. MAHAVEER SINGH

JUDGEMENT

(1.) This is an appeal filed by the appellant wife / mother for the custody of the minor child Vikas against her husband the non-petitioner.

(2.) A proceeding under S.47 of the Guardians and Wards Act, 1890 (for short hereinafter as the Act) was instituted by Shri Mahaveer Singh-husband of the appellant and father of minor child Vikas in the Court of District Judge, Sri-Ganganagar. District Judge vide his order dated October 6, 1995 granted custody of the child to Shri Mahaveer Singh. An appeal was filed by the appellant before this Court and a learned single Judge of this Court maintained the order of the learned District Judge, Sri Ganganagar and granted custody of the child to the father-respondent. It is against these two judgments that the present appeal has been filed by the appellant.

(3.) Before examining the validity of the judgments in question at the admission stage, the minor child Vikas and her mother, who were present in Court, were interviewed by us. As expected mother was more than keen to retain the custody of the child. The child was interviewed by us at length and he persistently contended that he has to be left with his mother only. His feelings were against his father. He is a boy of more than 10 years and it was thought fit that before any adjudication is made in the matter, father of the child be also summoned. After notice, the father of the child also appeared and we in our chambers interviewed both the parents, child and material uncle of the child.