Case Note & Summary
The petitioner, Bhagwan Haribhau Rathod, filed a writ petition challenging the judgment and order dated 8.8.2009 passed by the learned District Judge-1, Ambejogai, in Misc. Civil Application No. 19 of 2006, which directed him to handover custody of his minor grandson 'Krishna' to the respondent, Ashok Santram Pawar, who is the father of the child. The respondent had filed the application under Section 6 of the Hindu Minority and Guardianship Act, 1956, seeking custody of his son. The petitioner, maternal grandfather, had taken custody of the child after the death of his daughter (the child's mother) when the child was only 1½ months old. The respondent had earlier filed a criminal application under Section 97 of Cr.P.C. for a search warrant, which was rejected. The civil application was initially dismissed for default on 16.6.2009 but was later restored. On 8.8.2009, the lower court allowed the application and directed the petitioner to handover custody. The petitioner challenged this order. The High Court, after hearing both sides, held that the father is the natural guardian under Section 6 of the Act and is entitled to custody. The court found no evidence that the father was unfit or that the child's welfare required otherwise. The writ petition was dismissed, and the petitioner was directed to handover custody of the child to the respondent within two weeks. The court also directed the respondent to take proper care of the child and not to neglect him.
Headnote
A) Hindu Minority and Guardianship Act - Section 6 - Natural Guardian - Father as natural guardian of minor child - The father is the natural guardian of a minor child under Section 6 of the Hindu Minority and Guardianship Act, 1956, and is entitled to custody unless it is shown that he is unfit or that the child's welfare requires otherwise. (Paras 1-6) B) Civil Procedure - Restoration of Dismissed Application - Setting aside dismissal for default - The lower court had dismissed the application for default but later restored it upon application. The restoration was not challenged and became final. (Paras 4-6) C) Custody - Welfare of Child - Interim Custody - The court directed the petitioner to handover custody of the minor child to the respondent-father, as the father is the natural guardian and there was no evidence of unfitness. (Paras 6-7)
Issue of Consideration
Whether the father, as natural guardian under Section 6 of the Hindu Minority and Guardianship Act, 1956, is entitled to custody of his minor child from the maternal grandfather, and whether the lower court's order directing handover of custody was proper.
Final Decision
The writ petition is dismissed. The order dated 8.8.2009 passed by the learned District Judge-1, Ambejogai, is confirmed. The petitioner is directed to handover custody of the minor child 'Krishna' to the respondent within two weeks. The respondent is directed to take proper care of the child and not to neglect him.
Law Points
- Natural guardian
- Welfare of child
- Custody
- Hindu Minority and Guardianship Act
- Section 6
- Section 97 CrPC
- Restoration of application
