PURANLAL CHHABRA Vs. MADAN MAKHIJA

JUDGEMENT

(1.) This miscellaneous appeal u/S 47 of Guardians and Wards Act, 1890, has been filed by maternal grand parents (Nana- Nani), maternal uncle (Mama) and two maternal aunts (Masi) challenging the legality and validity of ex-parte decree passed in favour of father of Ku. Krishna (date of birth- 17/7/2017) (for brevity 'Ward').

(2.) Learned counsel for the rival parties are heard finally.

(3.) The undisputed facts in the case reveal that respondent Madan Makhija solemnised marriage with late Nitu Makhija on 24/11/2012. Out of the wedlock, two daughters Yashashvi and Krishna were born on 17/10/2013 and 17/7/2017, respectively. During the birth of the second daughter Krishna, due to complications arising from cesarean operation, the mother late Nitu expired on 8/8/2017. The guardianship of the first daughter Yashashvi born on 17/10/2013, continues till date with the respondent father.