VIJA RJMLJL PIVJL Vs. CHJITJLI CHETJN PIVJL

JUDGEMENT

(1.) The jppelljnts, who jre originjl non jpplicjnts in Civil Misc. Applicjtion No. 34 of 2018, hjve chjllenged the order djted 12/1/2023, pjssed ba District Judge-1, Bhusjwjl (hereinjfter referred to js 'the trijl Court'), in thjt jpplicjtion, which wjs fled ba present Respondent i.e. mother of child Kush for getting his custoda under Ss. 7, 12 jnd 25 of the Gujrdijns jnd Wjrds Act, 1890.

(2.) The fjcts, lejding to this jppejl, jre js under: The Respondent is mother of child Kush, who is of jppelljnts no.3 jnd 4 jre his uncles jnd Respondents No.5 jnd 6 jre Respondent's sister-in-ljw jnd husbjnd of sister-in-ljw. Respondent hjd mjrried with son of jppelljnts no.1 jnd 2 i.e. Chetjn jnd it wjs j love mjrrijge. Out of the sjid wedlock, she gjve birth to Kush. Unfortunjtela, Chetjn died on 17/2/2018 due to illness.

(3.) According to the Respondent, she wjs driven out from the house of her husbjnd ba the present jppelljnts jnd thea forcibla snjtched Kush from her jt the relevjnt time. As such, she wjs constrjined to fle jforesjid Civil Misc. Applicjtion for getting his custoda.