SHANTI DEVI Vs. GIAN CHAND HAR SUKH RAI

JUDGEMENT

(1.) THIS is an appeal under Section 47 Guardians and Wards Act by the real mother and maternal uncle of the minor against the order of the District Judge, Amritsar, restoring custody of Ruldu ram minor about six years old to his real father Gian Chand.

(2.) GIAN Chand and Sm. shanti Devi were married about ten years ago. Ruldu Ram was born on 1-10-1949. Some time later the relations between the husband and the wife got strained but its cause is not clear from the record. It is, however, admitted by the parties that the wife applied for maintenance under Section 488, Criminal P. C. , while the husband filed a suit for restitution of conjugal rights. The dispute was compromised by a written agreement dated 30-8-1951. Under this agreement the wife gave up her right to maintenance after getting Rs. 500/- from the husband. Under this very agreement Sm. Shanti Devi and her father Ganga Ram got custody of the minor child till he attained the age of 12. After the compromise Gian Chand married Sm. Shakuntala Devi and has two sons from her. Shanti Devi also married Ghulla Mal and during the pendency of these proceedings a daughter was born to her. Gian Chand has applied for the custody of the minor son and the District Judge has granted his application.

(3.) THE only question, for decision is whether it is for the welfare of the minor that Gian Chand should resume the custody of his minor son after he had allowed his first wife and her father to have that custody till the minor attained the ago Of 12.