Law:

Section:

Guardians and Wards Act, 1890 (VIII of 1890)-- ----S. 25--Application for custody of minor son was dismissed--After dissolution of marriage both parties had re-married--Custody of the minor was sought on the ground that the minor's mother was residing with her husband, who was labourer and had no permanent source of income--First appellate Court handed over the minor to respondent Father of the minor--Challenge to--Validity--Minor was about 8 years old-child was kept in an environment of uncertainly and there were flaws in his educational foundation and upbringing the entire structure of his personality as well as his career in future was likely to be effected--Held: Neither the petitioner nor her husband had a stable income and the fact that she had left the minor to be raised by her old father did not anger well with the goal of providing a conducive environment for a child to grow up--It was obligation of the father to provide adequate funds by way of maintenance to the mother to meet the needs of the child--Further held: Considering the financial situation of the mother and in presence of an illiterate step father, who had no source of income, the possibility of such funds being misapplied cannot be ruled out. Custody of Minor-- ----Financially sound--No child from second marriage--Minor was about 8 years old--Direct supervision of real father--Father is a teacher in school--Can keep the child with him for a major part of the day and be a good role model for him--Validity--It would be possible for him to keep the minor with him in his school, supervise his activities and directly take care of his educational, financial, psychological and emotional needs--Held: Male minor need a father or a father figure in their lives for proper and healthy development of their personalities--It would be doing the child a dis-service if he were to be deprived of the opportunity of growing up with the support, in the company and under the direct supervision of his real father. Custody of Minor-- ----Step mothers are not Ginderalla's step mother--Question of living with a step mother--Minor was age of 8 years old--Possibility of ill treatment--All step mothers are not…

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