Guardian & Wards Act, 1890–Sec. 9–While allowing the application of respondent-husband, Trial Court directed that the custody of minor child be given to the Principal of the respondent school–Child firmly said that he wishes to remain with his mother and does not want to continue his studies with the respondent-school–Though the petitioner-mother has tried to overreach the process of law by taking away the minor child from the respondent-school but it cannot be ignored that she would never try to cause any harm/damage to her child–Minor is eleven year’s old and he is studying in class six–He cannot be compelled to study with the respondent-school against his wishes–If the custody is given to mother, the minor shall get the company of grandmother, grandfather and younger brother whereas the father has admitted the minor in the hostel of respondent-school–Impugned order is quashed and custody of the minor is given to petitioner-mother.
