BIMLA AND ORS. Vs. ANITA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 12.02.2014 vide which a petition under Section 6 of the Hindu Minority and Guardianship Act, 1956 (for short 'the Act') filed by Anita-respondent against Bimla and others-appellants was allowed and the appellants were directed to hand over the custody of minor Aryan to the respondent, his mother, within two months from the date of order. The relevant facts which need elaboration are as under:

(2.) The appellants contested the petition. In the written statement filed by them, they admitted that the custody of the minor was given to them by virtue of written settlement dated 15.09.2011 and alleged that in view of the said settlement, it is no longer open for the respondent to ask for return of the custody.

(3.) On the pleadings of the parties, following issues were settled by learned trial court: