MUTURAM JOLHE Vs. SUMAN JOLHE

JUDGEMENT

(1.) The instant appeal is directed against the order dtd. 6/9/2017 passed by the learned Family Court, Sakti, in Civil M.J.C. No. 09/2016, wherein an application filed by the respondent-mother herein for custody of the child was allowed. Being aggrieved by such order, the instant appeal is by the grandfather and grandfather.

(2.) Undisputed facts of the case are that on 29/4/2012, appellant/respondent Suman Jolhe was married to Umashanker Jolhe and a child was born out of wedlock whose name is Harsh who put to tug-of war at present. When the application was filed, the age of the child was three years. It was pleaded by the respondent-mother that because of the torture meted out to her, she was residing at her parental house from 21/9/2016 at village Dhurkot and the husband forcefully kept the child with him. It was pleaded that she wanted to get back the child but all efforts went in vain and for some reason of the other, the custody of child continued with the father. On 30/9/2016, she came to know that her husband died and thereafter, the custody of the child are with the grandfather and grandmother/the appellants herein and they were not handing over the child as such, this petition for custody was preferred.

(3.) The respondents/appellants (grandfather and grandmother) herein, in their reply made averments that respondent-mother initially forcefully took the child and went back to her parental home. It was stated that she continued to extend threat to the husband on many occasions and because of such abetment, the husband committed suicide. Before that the child was in custody of husband. It is further stated in suicidal note, respondent Suman and her family members were made solely responsible for the death/suicide. They further stated that even after receipt of the notice that the husband died, she neither visited nor shown the love and affection by any means to the child instead wanted to kill him. Therefore, the custody of the child should not be handed over to the respondent-mother.