DIGVIJAY SINGH Vs. BALVINDER KAUR AND ANOTHER

JUDGEMENT

(1.) This appeal is directed against the order dated 27.9.2018 passed by the Family Court by which custody of the minor child (female), born on 10.5.2015, presently little above 3 years of age, has been given to the appellant and her visitation rights have been given to the respondents, who are her maternal grandparents.

(2.) In brief, the appellant got married to the daughter of the respondents on 10.10.2010. They were blessed with a girl child on 10.5.2015. The wife of the appellant died on 11.12.2016. The appellant is a Doctor so as respondent No.2. The respondents made a complaint against the appellant for investigation of the cause of death of their daughter. They have also filed criminal miscellaneous petition before this Court under Section 482 of the Cr.P.C. for seeking a direction. The respondents had filed an application before the Family Court under the Guardians and Wards Act, 1890 for appointing them as guardians of the person and property of their minor grand-daughter. The appellant has got remarried to another Doctor who is a divorcee but issueless. The application for guardianship was contested by the appellant basically alleging that the minor child is in his custody since her birth. The respondents have only two daughters. One of their daughters is living in USA and is issueless whereas the other one, married to the appellant, has died. Respondent No.2 is a child specialist having his own hospital in Nawanshahr whereas it is alleged that the appellant, who is also living in Nawanshahr, has his parents at Ambala.

(3.) On the pleadings of the parties, the Court framed as many as five issues on 26.9.2017. Although both the parties led their respective oral as well as documentary evidence to claim guardianship of the minor child but the Court appointed the appellant as the guardian of the person and property of the minor child and at the same time, granted the following rights to the respondents: -