RAJINDER KUMAR MEHTA Vs. RINKESH MALHOTRA

JUDGEMENT

(1.) This appeal is directed against the order dtd. 3/12/2018 passed by the learned Guardian Judge, Ludhiana, whereby petition under Ss. 8, 12 and 25 of the Guardian and Wards Act, 1890 (for short 'the Act'), filed by respondent- Rinkesh Malhotra, being the father of the minor children, has been allowed and the custody of the children is handed over to him.

(2.) Shorn of all unnecessary details, admitted facts on record are that respondent-Rinkesh Malhotra was married to late Chetna Mehta, daughter of appellant Nos. 1 and 2 and sister of appellant No.3, on 12/9/2005. Two children were born out of the said wedlock. Chetna Mehta committed suicide on 24/4/2014 regarding which FIR No.26 dtd. 25/4/2014 under Sec. 306 IPC was registered at Police Station Division No.3, Ludhiana, against the respondent. The respondent was arrested and after having faced the trial, he was acquitted of the charges levelled against him. Pursuant to his acquittal, he sought custody of the children, namely, daughter-Angel Malhotra aged 9 years and son-Ansuman Malhotra aged 6 years, who were living with the maternal grandparents, after their mother had committed suicide and the respondent was involved in the FIR registered for the said offence.

(3.) The petition filed by the respondent was resisted by the appellants by filing a written statement averring therein that Chetna Malhotra, mother of the minors, had committed suicide on account of the abetment of the respondent; that the respondent was not paying maintenance to the children; that the respondent had abandoned the children and that the appellants were capable of bringing up the children and giving them proper education.