Gokal Chand Mital, J. - (1.) GURCHARAN Singh and Amarjit Kaur were married about a year before September, 1975. In September, 1975 a son was born out of the wed -lock Later on differences arose and they got separated by a decree of divorce. Both of them have re -married. From the second marriage Gurcharan Singh has three daughters, whereas Amarjit Kaur has a son. This appeal relates to the custody of the son who was born out of the first marriage and for facility of reference, in this judgment he would be described as (Minor).
(2.) ON 7 -11 -1983 the father filed a petition for custody of the minor under Section 25 of the Gurdian and Wards Act, 1890 against the mother and maternal grand -mother of the minor on the plea that the mother of the minor has re -married and the minor is living with the maternal grand -mother and since maternal grand -mother has no means to bring up the child, he being the natural guardian and having means to bring up the child it was in the interest of the minor to give the custody of the child to him. The petition was contested by the mother and the maternal grand -mother and pleaded that the child is studying in Sonu Model School, Badhani Kalan and was being looked after by both of them and the second husband of the mother and they have sufficient means to bring him up and that it was not in the interest of the minor to take him away from their custody. It was also pleaded that in the proceedings taken on behalf of the minor under Section 125 of the Criminal Procedure Code, for grant of maintenance to him, the father had pleaded that he had daily income of Rs. 3/ - or Rs. 4/ - and on that basis maintenance of Rs. 30/ - per month was granted to the son, which too he has not paid so far, and the stand now taken in the petition that he has sufficient means to look after and bring up the child, besides being in -consistent is a false one.
(3.) ON the contest of the parties the following issues were framed: - 1. In custody of which of the parties, the welfare of the minor consists? OP Parties. 2. Relief.;