BHATERI DEVI Vs. SANGEETA DEVI AND ORS.

JUDGEMENT

(1.) The present appeal lays challenge to the judgment dated 09.07.2015 passed by the District Judge, Family Court, Hisar whereby the petition filed by the respondent (mother) under Section 25 of the Guardian and Wards Act, 1890 for custody of her minor son Pritam has been allowed and the appellant (respondent No. 1) namely Bhateri Devi, grand mother of the minor child is directed to hand over custody of the minor child to the respondent within a period of one month. The appellant (grand mother) has been allowed visitation right to meet the minor child at parental home of the respondent from 9 a.m. to 5 p.m. on the last Sunday of every month.

(2.) The present litigation is a fight between the mother and the grand mother of the minor child namely Pritam born on 10.09.2010. The respondent lost her husband Pawan who died on 18.05.2012. The plea of the respondent is that during the life time of her husband, she was harassed and maltreated on account of demand of dowry. After death of her husband, behaviour of the appellant became more cruel and she was ultimately thrown out of the matrimonial house just after some days of the death of her husband. On 01.07.2012, the appellant forcibly snatched the minor child of the respondent and refused to return the child. A number of panchayats were convened by her family members for her rehabilitation in the matrimonial home with an intent to take care of the minor child but the respondents did not accede to her request. The child is not being looked after properly by the respondents (appellant) and she being the mother and natural guardian of the minor is the best person to look after physical, emotional and other needs and comforts of the child.

(3.) The respondents filed the written statement and in turn denied all the allegations in regard to maltreatment of the respondent during her stay in the matrimonial home either on account of demand of dowry during life time of Pawan Kumar or thereafter. After death of Pawan Kumar, the respondent hurriedly left her matrimonial home out of her own free will. She did not bother to take care of the minor child either during life time of her husband or thereafter. She voluntarily left the minor child in the custody of the respondents (appellant) and expressed her inability to maintain the minor to whom she considered a burden upon her. She also gave in writing that after the death of her husband, she has no connection with the movable or immovable property of the respondents and that she shall not raise any dispute in regard thereto. The present petition has been filed with a clear intent to harass and humiliate the respondents and to extract money from them.