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1977 Supreme(P&H) 130

HARBANS LAL
Babu Ram – Appellant
Versus
Keshwa Chand Joshi – Respondent


Judgment

1. This appeal is directed against the order of the Guardian Judge, Jullundur, dated 9-2-1977, whereby the custody of the minor was given to his father, the respondent.

2. An application was made by the respondent for the custody of his minor son, Jiwan Pal alias Rajinder, born on 28-1-1964 against the present appellants, who are maternal grandfather and maternal grandmother of the minor respectively. The mother of the minor, Smt. Tushar Kanta died in 1973 at the house of her parents, the appellants. The case of the respondent is that he is the father of the minor and thus his natural guardian, that he has sufficient property and income to maintain the minor properly and that his approximate income is Rs. 5,000/- per mensem. The appellants, on the other hand, are alleged to be financially poor and do not have sufficient means to support and educate the minor. Both the appellants are of old age. Appellant No. 1, the maternal grandfather of the minor, is suffering from paralysis for the last more than ten years and so the health and prosperity of the minor in the custody of the appellants is in danger. It was also alleged in the petition that the appellants were keeping the m













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