NEERU AND ORS. Vs. ARUN PURANG AND ORS.

JUDGEMENT

(1.) The appellants, Neeru and her husband - Parveen Kumar, have preferred this appeal impugning judgment dated 04.05.2015 passed by the Guardian Judge-cum-Civil Judge (Senior Division), Panchkula whereby petition under Section 25 of the Guardians and Wards Act, 1890 (hereinafter referred to as the 'Act') filed by the respondents, Arun Purang and Ritikia, has been allowed, granting them custody of their minor son, Mayank, being his natural parents.

(2.) Present is an unfortunate case, where two sisters and their respective husbands are agitating their right for custody of the minor child, Mayank. It is important to note that appellant No.1, Neeru wife of Parveen Kumar, and respondent No.1, Ritikia wife of Arun Purang, are real sisters, Neeru being the elder sister.

(3.) The pleaded case of the respondent-petitioners, is that they were married on 01.05.2004, their marriage being registered with the Registrar of Marriage, Jayanagar, Bangalore. They have been residing at Bangalore since then and are blessed with three children, namely, Umika Purang born on 05.06.2005, Devesh Purang born on 29.05.2009 and Mayank Purang born on 11.08.2010 at St. Philomina Hospital, Bangalore. Appellants, Neeru and her husband, did not have any children. Appellant, Neeru, visited Bangalore in the month of September, 2010 and stayed with the respondents for one month. She requested respondents, Ritikia and her husband, to give their new-born child, Mayank, to her, but her request was turned down. She however became obsessed with the idea of taking the child and requested Ritikia, that she be allowed to take the child for a period of one month. Family members pressurised the respondent, Ritikia, to accept the said request to the extent that even their mother requested the respondents to give the child to appellant, Neeru, for one month as Neeru was allegedly harbouring the idea of committing suicide at that time.