GODHAN SINGH JALAL Vs. KISHAN SINGH BISHT

JUDGEMENT

(1.) This appeal is directed against the order dated 05.07.2008 passed by Judge, Family Court, Nainital in Misc. Civil Case No. 14 of 2004, whereby said Court has allowed the application moved by the Respondent for the custody of his children.

(2.) Heard learned Counsel for the parties and perused the Lower Court's Record. Since the parties to the litigation are present in person alongwith the children, we heard them in person also.

(3.) Brief facts of the case are that Respondent-Kishan Singh Bisht got married to Padma Devi (daughter of the Appellants-Godhan Singh Jalal & Smt. Gayatri Devi). Out of said wedlock, two children, namely, Pooja Bisht & Gaurav @ Paras Bisht were born. It appears that on 06.10.2003, Padma Devi died unnatural death and a criminal case was registered against the Respondent relating to offences punishable under Section 304 B, 498 A, 504 I.P.C. and one punishable under Section 3/4 of the Dowry Prohibition Act, 1961. It further appears from the record that the Respondent Kishan Singh Bisht was released on bail in said case, but the trial is yet not over. On 15.06.2004, Respondent Kishan Singh Bisht (father of the two children) moved an application under Guardian and Wards Act, 1890 before the Family Court, Nainital seeking custody of the two children, who were living with their maternal grand parents (present Appellants). The Trial Court vide impugned order dated 05.07.2008 allowed the said application and directed the maternal grand parents of the children to give their custody to the Respondent (father of the children).