SOMPRABHA RANA Vs. PUSHPENDRA SINGH

JUDGEMENT

(1.) This appeal has been preferred by the aunt ( mausi) of a minor girl for having been aggrieved by the judgment passed on 17/11/2025 by First District Judge, Panna, in MJC No.02/2024. Under the impugned judgment appellant, who is admittedly having the custody of minor girl, was denied the legal guardianship of the child and the petition filed by appellant under Sec. 7 of the Guardianship and Wards Act,1890 (for short 'the Act') was dismissed.

(2.) Facts in brief are that, minor girl, whose guardianship is under dispute here, is the daughter of respondent, with whom the mother of minor girl was married on 27/1/2019. On 27/1/2022, the minor girl was born and on 27/12/2022 her mother died by hanging. Admittedly, a police case was registered against respondent which is still pending. According to appellant, the respondent refused to have the custody of minor girl, therefore, appellant, after the last rites of the mother of child, brought the girl with herself and is having the custody of child since that day. Further contention was that in order to avoid the punishment in the criminal case, respondent was creating pressure for the custody of child. A petition under Sec. 7 of the Act was, therefore, filed by appellant to declare her the legal guardian of the person of minor child.

(3.) The application for guardianship was opposed by respondent-father, claiming that his daughter was fraudulently taken away from his custody and later appellant and her relatives refused to handover the custody. It was further claimed that the financial status of appellant is not sound; she is a widow lady, having a responsibility to look after her minor son, who is suffering from serious stage of diabetes and regularly takes insulin injections. Further, it was pleaded that a habeas corpus petition was filed by respondent and his family members as W. P. No.11004/2023 before the High Court of Madhya Pradesh, which was allowed on 23/6/2023 but was challenged before the Hon'ble Apex Court in Criminal Appeal No.3821/2023 and under its order dtd. 6/9/2024, the Apex Court allowed the visitation rights to the respondent-father. Facts of these earlier litigations are purposely concealed by the appellant. It is submitted that appellant has no legal right to keep the minor daughter of respondent in her illegal custody. A request was, therefore, made to dismiss the petition.