BHARAT TANWAR Vs. AJEET SINGH

JUDGEMENT

(1.) THE present petition under Article 227 of the Constitution of India has been filed for setting aside the order dated 06.02.2010, whereby the learned trial Court has dismissed the application moved by the petitioners under Order 8 Rule 1-A read with section 151 of Code of Civil Procedure (hereinafter referred to as "CPC") and application under section 151 of the CPC.

(2.) BRIEFLY stated, the relevant facts of this case are that the respondent has filed a petition under section 25 of the Guardian and Wards Act claiming custody of the minor child Master Paras. Whereas, the petitioners have also filed a petition under section 7 of the Guardians and Wards Act for being declared as the Guardian of Master Paras. Both these petitions have been consolidated in one petition bearing No. G-24/05 filed. The respondent is the natural father of Master Paras and petitioner Nos.1 and 2 are maternal uncle and aunt of the child. The respondent was married Anita, sister of petitioner No.1 on 03.03.1995 and with this wedlock Master Paras was born on 04.05.2000. It is alleged that Anita had died due to harassment and torture for dowry by the respondent and his family members. A criminal case was also registered against the respondent and his family members under section 306/498-A/406/34 of Indian Penal Code in P.S. Farsh Bazar. Since the death of the mother, the child is in the care and custody of petitioner Nos.1 and 2.

(3.) AGGRIEVED , the petitioners have filed the present petition.