BIMLESH KUMAR Vs. KAPIL DEV NARAYAN RAY

JUDGEMENT

(1.) Heard learned senior counsel for the parties.

(2.) The present Miscellaneous Appeal has been filed under Sec. 19(1) of the Family Court Act, 1984 against the judgment dtd. 27/2/2020 passed by learned Principal Judge, Family Court, Sitamarhi in Guardianship Case No. 02 of 2018 whereby and where under the application under Sec. 25 of Guardians and Wards Act, 1890 for transfer of custody of minor female child from respondents to the appellant has been rejected with certain directions therein.

(3.) Brief facts of the case are that appellant Bimlesh Kumar and Late Prabha Kumari (daughter of respondents) were married on 17/1/2013. A female child namely Shanvi Yadav was born on 17/2/2015 from their wedlock. Appellant is a Bank Manager in the State Bank of India. In year 2015-16 he was posted at Delhi where deceased (Prabha Kumari) conceived (second pregnancy) in January 2016. For proper care and delivery of her second child she alongwith minor daughter went to her parental home at Muzaffarpur in the month of July, 2016 where she met with an accident in bathroom which resulted in injury causing her death on 8/8/2016. The minor daughter remained with her maternal grandparents (respondents) for her better care. In this backdrop, appellant is stated to have got transfer of his posting from New Delhi to Patna in the month of September, 2016. Thereafter, he married for the second time to Puja Kumari on 18/4/2017. From the second marriage, they have blessed with a son, namely Priyesh Yadav. The girl child from first marriage of the appellant was staying with her maternal grand parents (respondents) at Muzaffarpur and when the appellant went to meet his minor daughter, he was not allowed to meet and talk with her. When the appellant, after several efforts, not succeeded to meet and talk with his minor daughter the appellant filed the petition under Sec. 25 of Guardians and Wards Act, 1890 for custody of girl child namely Shanvi Yadav.