JUDGMENT

D.K. JAIN, J.:

1. Leave granted.

2.Whether the father or the mother should have the custody of an almost ten year old male child is the short question which falls for consideration in this appeal.

3. The appellant-mother and respondent-father got married on 18th April, 1996. It was a love marriage against the wishes of the parents. On 28th May, 1998, a boy, namely, Master Satyajeet was born from the wedlock. However, within a short time, the relationship between the spouses came under strain. The appellant, who was employed as a teacher, felt that the respondent had misrepresented to her about his occupational status; he did not have any regular income to support the family; he was addicted to alcohol and smoking and also had contacts with anti-social elements. The appellant, it is claimed, had to support the respondent and his family with the meagre income she earned from her school job and private tuitions. It was alleged that the respondent would force her to keep all her savings in a joint bank account, from which he used to withdraw money. She was subjected to physical violence, due to which, on 16th August, 2001, she was forced to leave her matrimonial home at Allahaba