DOLKU NIHAL SINGH Vs. NIHAL SINGH KARNAIL SINGH

JUDGEMENT

(1.) This is an appeal against the judgment dated 5-10-1983 of Senior Sub Judge, Chamba, exercising the powers of District Judge whereby the application of respondent, Sh. Nihal Singh, u/S. 25 of the Guardians and Wards Act was accepted and the custody of minor Saroj was given to him. Sh. Nihal Singh is the father and appellant-respondent, Mst. Dolku, is the mother of minor Saroj.

(2.) I have heard the learned counsel for the parties and have gone through the record of the case. The Senior Sub Judge has given the custody of minor Saroj to Sh. Nihal Singh holding, inter alia, that he has a preferential right to Mst. Dolku and also that he has better financial means to bring up the minor. According to the Senior Sub Judge, second marriage by Sh. Nihal Singh, children from the second wife and nature of his duties as Driver are not sufficient reasons to deny him the custody of the minor.

(3.) By now it is well settled that in the proceedings for the custody or upbringing of a minor, the welfare of the minor is the only consideration irrespective of the claims of the parties to the custody. The Supreme Court in Rosy Jacob v. Jacob A. Chakramakkal, AIR 1973 SC 2090 and Thrity Hoshie Dolikuka v. Hoshiam Dolikuka, AIR 1982 SC 1276, has laid down that in the matters concerning a minor, the Court has a special responsibility to protect the minor's interest and the Court is to be guided by the only consideration of welfare of the minor. In this regard, the following observations of P. D. Desai, Chief Justice, in Kamla Devi v. State of Himachal Pradesh, ILR 1986 HP 485 : AIR 1987 HP 34 are very pertinent :-