PRABHAT Vs. MINOR LOMESH

JUDGEMENT

(1.) This appeal is by the appellant under Sec. 19(1) of the Family Courts Act, 1984 (for brevity, "Act of 1984') against the judgment and decree dtd. 11/5/2018 passed by Link Court, Khairagarh of Family Court, Rajnandgaon, District Rajnandgaon Chhattisgarh in Civil Suit No.13-A of 2016 whereby application filed by the appellant under Sec. 6 of the Hindu Minority and Guardianship Act, 1956 (for brevity, 'Act of 1956') for grant of guardianship of his son, namely, Master Lomesh from respondent No.2, i.e. maternal grandfather of respondent No.1 (son) was dismissed.

(2.) Appellant is the father of respondent No.1 and respondent No.2 is maternal grandfather of respondent No.1.

(3.) The facts of the case, are that, appellant was married to Mohini Bai (since deceased) prior to 15 years back according to Hindu rites and rituals and from the wedlock, one son, namely, Master Lomesh was born. It was pleaded in the plaint that after the marriage, deceased wife was remained ill and suffered from back bone fracture. The appellant used to take care of her treatment. Suddenly, in the year 2014, deceased wife left the house of appellant and resided in her maternal house. When appellant visited his matrimonial house to take back of his wife, respondent No.2 misbehaved with him and deceased wife refused to come back with the appellant. Appellant tried many times to bring back her wife, but deceased wife refused to come back with him.