TARA CHAND MAVAR Vs. BASANTI DEVI

JUDGEMENT

(1.) This appeal under Section 19 of the Family Court Act, 1984 has been filed against the judgment dated July 9, 1987 passed by learned Judge, Family Court, Jaipur in Civil Case No. 81/86 by which he rejected the petition filed by the appellant under Section 7 of Guardian and Wards Act, 1890 for custody of his minor son Rinku.

(2.) BRIEFLY the facts as stated in the appeal are that the appellant and his parents and brothers constitute a joint Hindu family and reside together in their house at Jaipur. Besides mother and father of the appellant, he has five brothers and one sister. The appellant who is eldest son in the family is B.Com. and is employed Junior Accountant in P. and T. Department, Jaipur. The marriage of the parties took place on May 10, 1971 and son Rinku was born from their wedlock on June 5, 1981. It is stated that respondent is a woman of hot temperament and was pressing the appellant to break his relationship of the joint Family and reside separately with her. Since the appellant refused to do so the respondent left the appellant's house in the month of December, 1983 along with her minor son Rinku and has been residing in village Govindpura Tehsil Sanganer.

(3.) THE appellant filed a petition under Section 7 of the Guardian and Wards Act for custody of his minor son Rinku stating that he was entitled to have custody of a child being his natural guardian. This petition was dismissed by the trial court vide his judgment dated July, 9, 1987 and this appeal has been filed against the same.