- (1.) This appeal is by Karnail Singh, challenging the order of Guardian Judge, Hoshiarpur dated December 1, 1988 dismissing his application filed under Section 25 of the Guardian and Wards Act for custody of minor Gurcharan Singh.
(2.) The marriage between Karnail Singh and Sheela Devi was performed on June 1, 1970. Out of the wed-lock, Gurcharan Singh son was born on September 8, 1978. Thereafter, the relations between them became strained. Now Gurcharan Singh is aged about 12 years. For his custody Karnail Singh approached the Court. This application was contested by Sheela Devi mother of the minor. On the pleadings the following issues were framed :- 1. Whether the petitioner is entitled to the custody of minor ? OPA 2. Relief.
(3.) The Guardian Judge while dismissing the application took into consideration the fact that within one year of the marriage, the wife was turned out of the house. The father did not see the child, maintenance fixed by the Magistrate under Section 125 of the Code of Criminal Procedure was not paid and that the petition filed under Section 9 of the Hindu Marriage Act by Karnail Singh was dismissed. The learned counsel for the appellant has argued that primary question for consideration in this case was as to where lies the welfare of the minor child and all other matters were not that material which were taken into consideration by the Guardian Judge. This consideration as such cannot be accepted. No doubt, it is the welfare of the minor that has to prevail, but other circumstances of the case are also to be taken into account while looking the welfare of the minor child.;