VIBHA Vs. RAMA NAND

JUDGEMENT

(1.) The present appeal is directed against the order dated 9th May, 2013 of the Family Court, disposing off GP no. 12/2010. Those proceedings have been initiated by the respondent (hereinafter referred to as 'grandfather'), for the custody of the minor child named Lakshay. The brief facts of the case are that marriage between Late Anipal and the present appellant/Vibha (hereinafter referred by her name) solemnized on 07.12.1996. Out of the said wedlock, one male child Lakshay was born on 14th August, 1998. Unfortunately, on the night intervening 27th/28th August, 1999, Anipal committed suicide by hanging himself. Lakshay is now 15 years of age.

(2.) Concededly, Vibha had exclusive custody of Lakshay till the grandfather initiated the present proceedings under sections 7, 8 and 25 of the Guardianship and Wards Act, 1890 on 6th January, 2005. This move was apparently triggered by Vibha's re-marriage on 23.12.2004.

(3.) In the petition, the grandfather alleged that since Vibha was a full time employee working as a Teacher, she had no time to take sufficient care for the welfare and benefit of her child-Lakshay. The grandfather was of the opinion that Vibha's remarriage was likely to affect the physical and emotional health of the child.