M V KRISHNA MURTHY Vs. ARUN C

JUDGEMENT

(1.) Though this appeal is listed for hearing on interlocutory application namely, IA No.2 of 2018, seeking stay of the judgment dated 25/10/2018 passed in Guardians and Wards Case No.106 of 2017 by the I Additional Principal Judge, Family Court at Bengaluru, we have nevertheless heard learned counsel for the respective parties at length. We have also interviewed the respondent-father of the minor child Kumari A.Kushi and his second wife and the maternal grand-father of the minor child and thereafter, we have proposed the following judgment.

(2.) This appeal is preferred by respondent No.1 before the Family Court who is the maternal grand-father of the minor child Kumari A.Kushi, assailing the judgment passed by the said Court in G&W Case No.106 of 2017. The respondent-father of the child filed a petition under Sec. 25 of the Guardians and Wards Act, 1890 (hereinafter referred to as 'the Act' for the sake of brevity), seeking his appointment as the guardian and for permanent custody of the minor child, Kushi. At this stage, itself we may observe that the maternal grand-: mother of Kushi who is respondent No.2 before the Family Court has not assailed the said judgment.

(3.) Briefly stated the facts are that, Smt.K.Rekha Rani-daughter of the appellant-was married to the respondent on 01/06/2009 at Bengaluru. Out of the wedlock, they were blessed with a daughter, Kushi, who was born on 29/07/2011. The family resided at Chennai. On 22/06/2014, they were proceeding from Chennai towards Bengaluru. When they were near Kanchipuram, their car met with an accident. The respondent sustained serious head and body injuries, while his wife died on the spot. Fortunately, Kushi survived the accident. According to the appellant, he and his wife requested the respondent to permit them to take care of Kushi for a few months as they had lost their only daughter Smt.Rekha Rani in the accident. The respondent was kind enough to permit them to take care of Kushi for a few months. Thereafter, they requested that until Kushi completed her Lower Kindergarten, she could be with them, which was agreed to by the respondent. Presently, Kushi is studying in Baldwin's Girls School in III Standard and till date, has been residing with her maternal grand-parents. However, on account of certain differences with regard to the custody as well as visitation rights vis- -vis Kushi, the respondent herein filed the petition seeking appointment as guardian and for permanent custody of Kushi.