JUDGEMENT
V. R. Kingaonkar, J. -
(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.
(3.)Original applicant - Sumanbai urged for custody
of the minor on the ground that mother of the minor was
unfit to look after his welfare. She asserted that
mother of the minor, viz., Jyoti was suffering from AIDS
and was unable to properly maintain the minor child.
She further asserted that there was no proper medical
facility available in village Rahata where, the parents
of Jyoti reside. She asserted that the maternal
relatives of Jyoti were unable to provide medical help
to minor - Sudarshan and his physical health would be
endangered, if his custody would be continued with them
because the minor also is afflicted with HIV. She
asserted that she would be in a better position to
provide good medical help to minor - Sudarshan if his
custody is given to her. Hence, the application u/s.17
of the Guardian and Wards Act was filed.
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