SUDESH GARG Vs. KUSHAGRA GARG

JUDGEMENT

(1.) This appeal stands specially assigned pursuant to direction made by the Supreme Court on order dtd. 13/11/2025, on administrative order dtd. 9/12/2025.

(2.) Appellant is maternal grand-father. He was respondent in the petition filed by the father, seeking custody of his younger daughter born on 21/9/2018. Her mother died on 27/9/2018. The appeal stands preferred against common judgment dtd. 3/12/2024 of the Family Court, whereby the father's petition for custody was accepted and subsequent petition of appellant, also for custody, dismissed. Mr. Vishesh Rajvanshi, learned advocate appears on behalf of appellant and Mr. Satyendra Narayan Singh, learned advocate, for respondent.

(3.) Mr. Rajvanshi places impugned judgment for the facts and findings therein. They are, inter alia, respondent re-married on 7/7/2019. On 20/7/2019 appellant filed suit for injunction restraining respondent from dealing with 'Streedhan' of his deceased first wife. Soon thereafter on 17/9/2019 respondent had filed for custody. Mr. Rajvanshi points out, the account opened in name of the child and insurance policy were done by respondent on and after 23/9/2019. According to him, this is clear demonstration of conduct that it was not out of love or affection that the petition for custody was filed. Furthermore, his client had reason to apprehend that the elder daughter, in custody of respondent and his second wife, was not being treated well. This, contrasted with the girl having been with respondent from birth and till date and, inter alia, studying in a good school to obtain good academic result, are sufficient for assessment on the welfare of the child to be with his client. Mr. Rajvanshi had earlier handed up English translation of impugned judgment.