Indian Kanoon - Search engine for Indian Law

1. This appeal arises out of Judgment rendered by learned District Judge, Kopargaon, in proceedings under the Guardian and Wards Act. By the impugned Judgment, application filed by respondent No. 1 - Sou. Sumanbai for custody of minor - Sudarshan was granted with further direction to submit quarterly reports about his health to the Court.

2. The factual matrix depicts pathetic social aberrations of which the minor (Sudarshan) is the unfortunate victim. Subhash and Jyoti entered wedlock on 5.12.1996. They were blissed with the male child (Sudarshan) on 9.2.1998. The minor - Sudarshan @ Chhotu was hardly three years old when Subhash met with untimely death. He was afflicted with HIV and died of AIDS. The minor was admitted in an English medium school at Shirdi by his uncle and the grandmother i.e. applicant - Sumanbai. Unfortunately, Jyoti was also suffering from AIDS. She too died of AIDS during pendency of the application. She went to reside with her parents alongwith the minor in or about June 2004. Appellant Nos.1 to 3 are parents and brother of Jyoti.

10. The application was filed mainly on two grounds. First, that the minor child was being given better education at Shirdi whereas, he was not being provided better education facility in the remote village where the appellants reside. Secondly, for the reason that the minor child is suffering from AIDS and was in need of expert medical treatment, which was being provided to him in well equipped hospitals at Shirdi, Ahmednagar and Shrirampur while he was residing with the applicant at Shirdi. The applicant subsequently asserted that the minor child was neglected at the hands of the appellants and was not being provided proper medical facility.

11. It bears out from the record that uncle of the minor child (Tanaji) runs a school at Shirdi. He also runs Nursing course and D.M.L.T. course. It is explicit from the record that minor - Sudarshan was admitted in English medium school at Shirdi. His educational progress was quite satisfactory. The progress cards and other documents would show that his educational progress was satisfactory in the English medium school at Shirdi. It is further manifest that the original applicant and her stepson, viz., Tanaji are well-off. They had incurred considerable expenditure to provide medical treatment of experts in the hospitals at Shirdi, Ahmednagar and Shrirampur to the minor - Sudharshan.

12. On behalf of the appellants, DW-Ramesh, filed affidavit (Exh.71). He is maternal grandfather of Sudarshan. His cross-examination reveals that he owns only 94 Ares land. He had borrowed loan against the said land, which he claims to have repaid for education to his son, by name, Sandeep. His version reveals that minor - Sudarshan was previously admitted in English medium school at Shirdi. He admits, unequivocally, that Sudarshan is presently admitted in Zilla Parishad Primary Marathi medium school at his village. The minor is required to attend Marathi medium school, which is at a distance of about 1 km. or more from the residential premises. It is an admitted fact that minor - Sudarshan is required to walk down the distance of 1 km to reach the school. The version of DW-Ramesh reveals that original applicant - Suman and her son Tanaji own and ossess a specious bungalow at Shirdi. He admits that when minor - Sudarshan was at Shirdi, while residing with the family members or original applicant - Suman, he used to commute to the school in a school bus. It is also an admitted fact that better facilities of education and medical treatment are available at Shirdi. He further admits that deceased Subhash and Jyoti and original applicant - Sumanbai used to provide medical treatment to the minor - Sudarshan of Dr.Chothani of Shrirampur. They also used to provide him medical treatment at Shirdi.