I .S.ISRANI,J. - (1.) This appeal under Section 19 of the Family Court Act, 1984 has been filed against the judgment dated July 9, 1987 passed by learned Judge, Family Court, Jaipur in Civil Case No. 81/86 by which he rejected the petition filed by the appellant under Section 7 of Guardian and Wards Act, 1890 for custody of his minor son Rinku.
(2.) BRIEFLY the facts as stated in the appeal are that the appellant and his parents and brothers constitute a joint Hindu family and reside together in their house at Jaipur. Besides mother and father of the appellant, he has five brothers and one sister. The appellant who is eldest son in the family is B.Com. and is employed Junior Accountant in P. and T. Department, Jaipur. The marriage of the parties took place on May 10, 1971 and son Rinku was born from their wedlock on June 5, 1981. It is stated that respondent is a woman of hot temperament and was pressing the appellant to break his relationship of the joint Family and reside separately with her. Since the appellant refused to do so the respondent left the appellant's house in the month of December, 1983 along with her minor son Rinku and has been residing in village Govindpura Tehsil Sanganer. The respondent had filed an application under Section 125 Cr.PC for grant of maintenance of herself and for her minor son Rinku in the Family Court, Jaipur. This petition was registered as Criminal Petition No. 161 of 1986. It is stated that respondent made a false allegation in the said proceedings that she was beaten by the appellant and that Kerosene oil was sprinkled on her body by the appellant but on account of non -availability of match box, she could not be burnt. She claimed maintenance for herself at rate of Rs. 400/ - and Rs. 200/ - for herself and her minor son respectively. In the said petition the Court disallowed any maintenance to the respondent but maintenance of Rs. 100/ - was granted for child Rinku vide judgment dated March 12, 1986.
(3.) THE appellant filed a petition under Section 7 of the Guardian and Wards Act for custody of his minor son Rinku stating that he was entitled to have custody of a child being his natural guardian. This petition was dismissed by the trial court vide his judgment dated July, 9, 1987 and this appeal has been filed against the same.;