ANJALI KAPOOR Vs. RAJIV BAIJAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by the High Court of Judicature at Indore in Miscellaneous Appeal No. 750 of 2004 dated 03.08.2007. By the impugned judgment, the High Court has directed that the custody of the child be handed over to the respondent/father.

(2.) The facts of case in brief are: - the respondent/Rajiv Baijal, had got married to the appellant s daughter/Meghana on 16.01.1998 and lived together in Pune (Maharashtra). Smt. Meghana went to Indore to the appellant s residence for delivery of the child. She was admitted in Noble Hospital, Indore and gave birth to a female child on 20.05.2001, but she did not survive to see the new born baby. As the child was born premature, she was kept in incubator in the hospital for nearly 45 days. After discharge from the hospital, the infant was brought to the residence of the appellant, and she was named Anagh. Add to the agony, just in a span of two months, appellant lost her husband also on 29.07.2001.

(3.) The Respondent herein filed an application under Guardian and Wards Act before the Family Court, inter-alia asserting that being the father of the child Anagh, he is her natural guardian and therefore, entitled to the custody of the child. In support of the claim made, the respondent had asserted before the Family Court that Anagh was not properly looked after by the appellant and it was perilous for the child to continue in the custody of the appellant. The respondent had also contended that after the child was brought to the residence of the appellant he was repeatedly requesting the appellant and her family members to hand over the custody of the child to him, since the appellant is unable to take care of the welfare of the minor child.