ABHIMANYU PORIA Vs. RAJBIR SINGH AND ORS

JUDGEMENT

(1.) In this appeal, the appellant/father has challenged an order dated 29.04.2017 passed by the learned Family Court, North, Rohini, Delhi, disposing of an application moved by him under Section 12 of the Guardians and Wards Act, 1890 (hereinafter referred to as "the Act, 1890"), seeking the interim custody of his minor daughter, Baby Smridi Singh, aged 7 years and 9 months, as on date and arrayed as respondent No.3, who is presently in the custody of her maternal grandparents, respondents No.1 and 2 herein. By the impugned order, the learned Family Court has declined the relief of interim custody of the respondent No.3 to the appellant and instead, allowed the alternative prayer made in the application by granting him visitation rights in respect of the minor child, twice a month.

(2.) The factual matrix of the case needs to be delineated. On 01.07.2009, the appellant had got married to Priyanka, daughter of the respondents No.1 and 2, who was a dentist by profession, as per the Hindu rites. The couple were initially residing in Sector 7, Rohini, Delhi, but subsequently, they had shifted to the residence of the respondents No.1 and 2 at Gurgaon. They were blessed with a daughter, respondent No.3/minor on 09.03.2010. After four years, the appellant's wife expired on 22.04.2014 at Medanta Medicity Hospital, Gurgaon. It is the appellant's version that his wife was suffering from epilepsy, which was the cause of her untimely death. Till early September, 2014, the appellant and his minor daughter continued to reside at Gurgaon, alongwith the respondents No.1 and 2. While residing in Gurgaon, the respondent No.3/minor daughter was admitted to G.D. Goenka Public School, Gurgaon. In the second week of September, 2014, the appellant and his daughter shifted to a rented premises in Delhi. After shifting to Delhi, the appellant had got respondent No.3 admitted in G.D. Goenka La Petite Play School, then in Shri Ram Global School, West Delhi and finally, in G.D. Goenka Public School, Delhi in the Kindergarten.

(3.) The appellant claims that during his daughter's summer vacations, both of them had gone to visit his matrimonial uncle living in Jind City, Haryana on 25.06.2015. When he was about to leave for Delhi alongwith the respondent No.3, the respondent No.1 and his relatives and supporters had barged into his uncle's house and had forcibly taken away the minor child.