HARISHANKAR SHARMA Vs. GIRRAJ SHARMA

JUDGEMENT

(1.) This is yet another case where a minor girl- Lokendri, now more than six years old, is facing bitter legal fights regarding her custody between her father on one side and maternal grandparents on the other. Efforts were made by this Court also to bring about conciliation between the parties. However, the parties could not reach to any amicable settlement. The appeal was accordingly heard on merits and being decided by this judgment.

(2.) The appellants have filed this appeal under Sec. 96 of the CPC challenging the order, dtd. 06/09/2023, passed by Additional Judge to the Court of First Additional District Judge, Gohad, District Bhind in MJC No.19/2022, whereby, application under Sec. 6 of the Hindu Minority & Guardianship Act, 1956, filed by respondent/father has been allowed and the custody of the minor child has been given to the father.

(3.) The facts not in dispute between the parties are that the respondent/father was married to one Jasoda on 19/05/2009 as per Hindu Rites & Rituals. The appellant no.1 & 2 are parents of Jasoda, while appellant no.3 to 5 are her brothers and appellant no.6 is brother of appellant no.1. Out of aforesaid wedlock, a son- Siddharth was born on 04/08/2014 and a baby-girl- Lokendri was born on 08/01/2019. This case is with regard to the custody of this baby girl- Lokendri. It is also not in dispute between the parties that whereabouts of Jasoda are not known since November' 2020, even though parties are at logger heads with regard to manner she went missing. Since then, the bay- Lokendri is with appellants while the son- Siddharth (must be about 9-10 years old) is with respondent/father.