Section 72: Principal on which questions relating to custody, upbringing,etc., of child is to be decided.

Where the parent of a child has-(a) abandoned or deserted the child; or
(b) allowed the child to be brought up by another person at the expense of that other person, for such a length of time and under such circumstances as to satisfy the Court that the parent was unmindful of his parental responsibilities,
the Court shall not make an order for the child to be delivered to the parent, unless the parent satisfies the Court that, having regard to the welfare of the child, the parent is a fit and proper person to have the custody of the child.