RAMDAYAL Vs. HARI SINGH

JUDGEMENT

(1.) THIS Misc. Appeal has been filed under Section 47 of the Guardians and Wards Act, 1890. Appellant Ram Dayal maternal grandfather of Ku. Nidhi has claimed her custody. The Court below has allowed the application filed by hari Singh respondent under Section 7 read with Section 8 of Guardians and wards Act.

(2.) IT is not in dispute that marriage of Rekha was performed with late indrapal Singh s/o Hari Singh more than 13 years before. Two daughters namely ku. Neha aged 12 years and Ku. Nidhi aged 10 years were born out of wedlock. Indrapal had died in an accident dated 22-1-1996. It is not in dispute that Rekha the mother of Ku. Neha and Ku. Nidhi has performed re-marriage (Natra) with one Makhan Singh of Village Bamuliya and she is residing separately at Village bamuliya, not with any of the daughter. An elder daughter Ku. Neha is living with grandfather Hari Singh, he filed an application under Section 7 read with section 8 of Guardians and Wards Act submitting that both the daughters after death of Indrapal Singh lived with him, i. e. , grandfather for their proper education. He got a house constructed at Bhopal Naka, Sehore and has shifted for the purpose of education of grand daughters to Sehore. Ku. Neha was obtaining education in Class 5th whereas Ku. Nidhi was also obtaining education. Rekha had taken one of the daughters Ku. Nidhi to Village alampura where Ram Dayal maternal grandfather resides. Rekha has performed re-marriage and was residing at Village Bamuliya not at Village alampura with Ku. Nidhi. Custody of Ku. Nidhi has not been handed over by ramdayal to Hari Singh. On account of consideration of remarriage Ram Dayal has obtained a sum of Rs. 50,000/ -. The future of Ku. Nidhi was not safe with ram Dayal. Considering the welfare of Ku. Nidhi custody was prayed by Hari singh. It was submitted that for proper development and education it was necessary that Ku. Neha and Ku. Nidhi live together, a house has been constructed at proper Sehore Town by grandfather for proper education. Grandfather was having substantial agricultural land whereas Ram Dayal maternal grandfather and his two sons have been sentenced for life imprisonment in a case of murder of which appeal is pending in the High Court. The maternal grandfather owned only 5 acres of land and was residing in a village whereas the grandfather was having 13. 5 acres of land, which was sufficient for proper looking after of Ku. Neha and Ku. Nidhi and used to reside in a town.

(3.) APPLICATION was contested by the maternal grandfather Ram Dayal, it was admitted that Rekha had performed re-marriage and he was looking after ku. Nidhi. No consideration was received by him in lieu of re-marriage (Natra)of Rekha. He was having 7. 828 acres of agricultural land and was in financially sound condition to look after the interest of Ku. Nidhi. She was obtaining education at Village Barkhedi a nearby village as such it was prayed that application filed by Hari Singh be dismissed.