Guardian Judge Gautam Manan handed over the 13-year-old boy to his maternal grand mother and maternal uncle noting that the child, in a chamber interaction, had expressed unwillingness "to meet or talk to his father as he used to beat his mother".
"It stands established the respondents (maternal grand parents) have taken good care of the child and minor is also living happily in their company. The child also does not wish to join his father. Thus, the paramount welfare of the child is with the respondents. The father is not entitled for the child's custody," the judge said.
The court said the boy has remained in the company of his maternal grand parents and "he cannot be uprooted and handed over to his father and leave him to deal with a step mother" who has not appeared before it to testify whether she was ready to take care of the child.
It also noted that the man was held guilty by another court for the offence treating his late wife with cruelty.
The man, a Delhi resident, who had approached the court for his son's custody, had said he got married in 1998 and the child was born in 1999.
He said his wife and son had left his company in 2002 and were living at her maternal house where she committed suicide in 2004 and since then the child was living with his maternal grand parents.
The man submitted that he was the only person who can provide a healthy atmosphere, social standing and other upto date facilities to enable minor to come on the top. (MORE) PTI SKV
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