BINDAPPALA SUNANDAMMA Vs. K S REVANASIDDAPPA

JUDGEMENT

(1.) The Appellant who has not Succeeded before the II Additional Civil Judge (Sr. Dn.), Davangere in getting the custody of the minor grand-daughter by name Anushri D/o Late Halesh and Late Usha, the present appeal is filed challenging the legality and correctness of the order passed by the Civil Judge (Sr. Dn.), Davangere dated 3.3.2010 in G &WC No. 10/2006.

(2.) The facts leading to this case are as hereunder:

(3.) The Respondent has filed his objections According to him, when Halesh died on 5.7.2001, Kum, Anushri was hardly 2 1/2 years old baby and after the death of Halesh, his wife Smt. Usha and the grand-daughter Anushri were neglected by the Appellant and her family members and they did not look after deceased Usha and the minor child and also they did not give the legitimate share of the minor grand-daughter Kum. Anushri and Usha. After the death of Halesh, the deceased Usha as well as the minor child are under the care and custody of the Respondent and they have taken care of the education and the welfare of the minor child. According to him, he is spending about 10,000/- towards educational expenses every year in addition to monthly expenditure of 2,000/- on other heads. According to him, he has also paid donation to the institution while admitting the child every year and even during the life time of Usha after the death of Halesh, Usha was taken care of by the Respondent only. Usha filed a suit for partition and separate possession of the share of Halesh in O.S. No. 155/2005 since the Appellant and others neglected to maintain her. That Usha on account of severe jaundice was admitted to Ramakrishna Nursing Home and thereafter she was admitted to Manipal hospital as an in-patient for about 17 months and the Respondent being the father spent more than 8.00 lakhs towards the medical expenditure of his daughter Usha and she died on 1.7.2006. Though the Appellant and her sons are enjoying the entire joint family property having an income of more than 5.00 lakhs per annum, did not give any money towards medical expenditure of Usha and towards the maintenance of Kum. Anushri. Therefore the Respondent requested the Court to dismiss the petition.