LACHHMANNA IRRANNA SHETPALLIWAR Vs. ANIL SHRIRAM MARSETWAR

JUDGEMENT

(1.) Whether the appellant the maternal grandfather or the respondent-natural father should have the custody of two minor children, aged 17 years and 13 years respectively, is the question for consideration raised in this appeal, which is directed against the judgment and order dated 03/06/2014 passed by District Judge 1, Darwha, District - Yavatmal in M.J.C. No. 12/2010.

(2.) The said petition was filed by the respondent herein under the provisions of Sec. 25 read with Sec. 7 of the Guardian and Wards Act (hereinafter referred to as "Act" for convenience) for the custody of his two minor children. By the impugned judgment and order, the trial court allowed the said application and directed appellant no.1 herein to hand over the custody of minor children to respondent. However, it is a matter of record that as on today the custody of the minor children is with their maternal grandfather appellant no.1 Lachhamanna Shetpalliwar.

(3.) Facts, which may be relevant, for the purpose of deciding this appeal, can be stated as follows :