PULKIT DUBEY Vs. SHASHANK DUBEY

JUDGEMENT

(1.) The petitioner No. 1 is paternal grand father of Master Shantanu Dubey son of respondent No. 1 and 2. In this petition filed under Article 227 of the Constitution, the grand father has challenged the order dated 01 -04 -2015 (Annexure P/5) whereby his application dated 12 -12 -2014 seeking modification of earlier order dated 20 -05 -2010 is rejected by the Court below.

(2.) The brief facts necessary for adjudication of this matter are that an application under the Guardians and Wards Act, 1890 was filed by the petitioner No. 1 before the Family Court, Jabalpur in respect of custody of minor child Shantanu. The respondents entered appearance and filed their response. The petitioner filed an application under Section 18 of the said Act seeking interim custody of the minor. The Court below after hearing the parties, passed a detailed order on 20 -05 -2010 (Annexure P/2). Accordingly, interim custody of minor was given to the petitioner No. 1. It was further directed that minor could be taken by his mother during school holidays but he has to be handed over to the petitioner No. 1 on opening of the school.

(3.) Shri Rajendra Mishra, learned counsel for the petitioner contends that WP. No.16639/12 was filed against said order dated 20 -05 -2010 before this Court by present petitioners. During the proceedings of the said case, the Hon'ble Court was pleased to call the minor and interacted with him. The minor refused to go with his mother. The order of this Court dated 27 -03 -2012 is filed as Annexure P/3. Shri Mishra further submits that the interim arrangement as per Annexure P/2 remained in force for quite sometime. However, when the minor was taken by the respondent No. 2, he was kept in confinement. He learnt certain bad habits. He was not allowed to go to school. He was subjected to torture and inhuman behavior. The petitioner No. 1 realized that it will not be in the interest of minor to remain with his mother. Thus, on the basis of subsequent events, an application dated 12 -12 -2014 was filed before the Court below seeking modification of said order dated 20 -05 -2010.