NIRANJAN SINGH HUDA Vs. TAVINDER PAL SINGH BHATIA

JUDGEMENT

(1.) This appeal under Section 19(1) of the Family Courts Act, 1984 has been preferred by the grandparents of minor child Harmanpreet Kaur @ Khusi. The learned Family Court has rejected their prayer for custody of the said minor child.

(2.) Facts of the case, briefly stated, are that the marriage of Smt. Indrajeet Kaur (daughter of the Appellants) was solemnized with Respondent No. 1 Tavinder Pal Singh Bhatia. The minor child Harmanpreet Kaur @ Khusi (hereinafter referred to as 'the child') was born on 14/03/2004 out of the wedlock. The mother of the child died of burn injuries on 19/07/2005 and for this a criminal case under Section 304(B) and 498-A of Indian Penal Code was registered against the Respondents and after trial they have been convicted and sentenced to undergo RI for seven years. Respondent No. 1 who is the father of the child has been released on bail by an order passed by this Court in the criminal appeal on 31/07/2007.

(3.) The Appellants are the maternal grandparents (Nana-Nani) of the child. They are resident of Khandwa in the State of M.P. They preferred the subject application under Sections 7 and 10 of the Guardians and Wards Act, 1890 (hereinafter referred to as 'the Act') 1890 on the submission that the Respondent No. 1 is in custody and during her life time their deceased daughter had desired that they should take care of the child. Appellant No. 1 is a retired officer from the department of revenue and is able to maintain the child. It was stated in the application that the child is in the custody of Respondent No. 2 Pritam Singh Sahgel.