Mrs. Rekha Mittal, J.:- The present appeal lays challenge to order dated 30.03.2009, passed by the Civil Judge (Senior division), Sonepat, whereby the petition filed by Brij Bala widow of Rajesh Kumar (respondent herein), under Section 6 of the Hindu Minority and Guardianship Act, 1956 (hereinafter referred to as ‘the 1956 Act’) read Section 25 of the Guardian and Wards Act, 1890, for custody of minor son of the respondent, has been allowed.

2. Brij Bala, filed a petition for custody of her minor son by pleading that she was married to Rajesh Kumar son of Nand Lal, appellant, on 15.12.2000. The minor child, whose custody, is the bone of contention, was born out of the wedlock, on 06.05.2003. Unfortunately, Rajesh Kumar, father of the minor, passed away on 18.08.2005. The respondent has inter alia pleaded that she was subjected to maltreatment, torture and cruelty by her husband and in-laws on account of demand of dowry. After the death of Rajesh Kumar, she was given merciless beatings by the appellant and shunted out from the matrimonial home on 10.07.2006, but the child was illegally kept by him and his wife (Khazano Devi, since deceased). She lodged a criminal case under