SUNIL Vs. SAHEBRAO SHANKAR JAGTAP

JUDGEMENT

(1.) Admit. The appeal is heard finally with the consent of the learned counsel appearing for both sides.

(2.) By the present appeal, the appellant takes exception to the judgment and order dtd. 25/10/2021 passed by the Family Court, Ahmednagar dismissing the petition (D1/2021), filed by the appellant under sec. 25 of the Guardians and Wads Act, 1890 for custody of his two minor children i.e. present respondent Nos. 3 and 4. The respondent Nos. 1 and 2 are his in-laws i.e. parents of his deceased wife Priyanka.

(3.) It is the case of the appellant that, on 20/2/2014, his marriage was solemnized with Priyanka, as per custom and rites prevailing in their community and out of marital tie, on 19/1/2015 they were blessed with a male child Shubham (Respondent No.3) and on 5/3/2019, a female child, Samrudhi (Respondent No.4). Priyanka was having some health issues. Her maternal house is situated in the same city, hence, since 10/9/2019 she started residing at her maternal house. However, on 3/12/2019, around 8.30 to 9.00 p.m. Priyanka committed suicide while residing at her maternal house and the fact was informed to him through phone but after hearing the sad news, he was became unconscious. Therefore, he was hospitalized for entire night and on the second day, he visited the house of his in-laws for funeral of Priyanka. However, in the meanwhile, respondents 1 and 2 and their relatives started making allegations against the appellant and his family members which led to filing of complaint against him, which resulted in registration of Crime No. 1766/2019 with Kotwali Police station, Dist. Ahmednagar for the offences punishable under Sec. 306, 498-A, 323, 504, 506 and 507 of the Indian Penal Code.