JYOTI RANA Vs. KRISHNA PAL AND ORS.

JUDGEMENT

(1.) This is defendant's appeal under Section 19 of Family Courts Act, 1984 (hereinafter referred to as "Act, 1984") arises out of judgement and order dated 2.8.2016, passed by Principal Judge, Family Court, Ghaziabad, whereby, application filed by plaintiff respondent No.1 Krishna Pal under Sections 7 and 10 of Guardians and Wards Act, 1890 (hereinafter referred to as "Act 1890") claiming guardianship and custody of minor Ira Dhaka has been rejected and paternal grand parents of minor namely respondent nos. 1 and 5, herein, have been granted visiting rights to meet 'minor' as per the scheme provided for in the order dated 2.8.2016 itself.

(2.) We have heard Mr. Ajay Kumar Srivastava, learned counsel for the appellant and Mr. Varinder Singh for the respondents.

(3.) Adverting to the factual matrix of the present appeal, it appears that the marriage of the appellant Madam Jyoti Rana was solemnized with Sanjeev Dhaka on 12.6.2009 in accordance with the Hindu Rites and Custom. Out of this wedlock, a daughter namely, Ira Dhaka was born on 7.6.2011. When the minor was just 21 days old, appellant Madam Jyoti Rana (natural guardian of minor), leaving minor with her maternal grand parents, left for Australia. Unfortunately, Couple could not continue marriage on account of strained relations. As a result, husband Sanjeev Dhaka instituted proceedings for divorce from his wife Madam Jyoti Rana. The divorce proceedings initiated by husband in Australia came to be allowed by Australian Federal Maternity Court, vide order dated 21st January, 2013 w.e.f. 1.3.2013.