- (1.) This appeal is directed against the order dated 9.8.1979 passed by Shri A.B. Srivastava, District Judge, Varanasi whereby he allowed the application of the respondent-mother under Section 6(A) of the Hindu Minority and Guardianship Act, 1956 for custody of her son.
(2.) An application was moved by the respondent Smt. Radha Devi on the ground that the appellant is her husband and has turned her out off his house on 28.6.1978, whereupon she went along with her child named Rakesh to her parent's place. The appellant, however, on 2.7.1978 forcibly took away the child and was thus depriving him o the guardianship and affection of the mother who is natural guardian. She also alleged that there was danger to the life of the child at the hands of the appellant. The application was opposed by the appellant who contended that it was the respondent who on her own left for her parent's place leaving behind the son with appellant who has been property looking after the child whose future is properly secure in the guardianship of the appellant. He also alleged that there is danger to life and security of the child at the hands of appellant's mother-in-law. The learned District Judge by the impugned order permitted the respondent to have custody of the child, and directed the appellant to give the child in the custody of the respondent with an observation that it would be open to the appellant to claim custody of the child after he attains the age of more than five years. Aggrieved by the above order this appeal has been filed.
(3.) In this appeal, the respondent, on whom notices were presumed to have been served by registered post, has failed to turn up and it has been heard ex parte and I have also perused the materials placed on record.;