RAJAN CHAWLA Vs. LISBON JOHN MIRANDA

JUDGEMENT

(1.) THE Petitioner in Guardianship Petition No.25 of 2012 is the maternal grandfather of the minor child, Angelina Miranda who is 3 years 9 months of age (grandfather). The Petitioner in Guardianship Petition (L) No. 163 of 2012 is the paternal aunt, of the said minor child (aunt).

(2.) THE mother of the minor child has expired She died an unnatural death. The father of the minor child (who is the Respondent in Guardianship Petition. No.25 of 2012) has been accused of murdering the mother of the child. A charge under Section 302 and Section 498A of the IPC has been framed against him. The criminal prosecution is pending. His initial bail application was rejected on 27th June, 2012 pending investigation of the case against him. His second bail application has been rejected on merits. A criminal revision application filed against the said order has been rejected on merits yesterday by the Sessions Court. The father of the child is in jail custody since the incident which took place on 25th May, 2012.

(3.) NEITHER the father nor the aunt of the child sought to apply for custody of the child until today when the affidavit in reply to the grandfather's petition has been filed by the father and a separate petition has been filed by the aunt. In fact the father has specifically stated that "there was nobody to take immediate steps to bring back the child" in para 10 of his affidavit in reply to the petition of the grandfather. Though it is alleged by the aunt in para 13 of her petition that the grandfather has taken the child along with himself after the death of her mother, it is rightly argued by Mr. Cama that none has filed any criminal complaint of kidnapping also.