(1.) This Miscellaneous appeal is directed against the judgment and decree dated 23.07.2015 passed by Additional Principal Judge, Family Court, Patna in Guardian Case No. 31 of 2010, by which the learned Judge of the Family Court dismissed the application filed under Guardians and Wards Act by the appellant petitioner.
(2.) Briefly stated, the facts of the case is that appellant filed a case for custody of his minor daughter on the ground that he is the natural guardian of his minor daughter, namely, Varshika @ Tisha, a female Hindu Child. Her date of birth is 05.01.2007. The minor daughter Varshika @ Tisha presently is under the guardianship and custody of maternal grandfather Ashok Kumar Srivastava, residing at Lilawati Apartment, Flat No. 304, Gardanibagh Road No. 1, Patna-1. The appellant is the father and a natural guardian of his daughter Varshika @ Tisha, and as such, he is entitled for custody of his daughter, who, at present, is in custody of her maternal grandfather.
(3.) It has been further submitted by learned counsel for the appellant that since the appellant was in judicial custody from 07.10.2009, his daughter was taken away by her maternal grandfather and grandmother and thereafter she remained in their custody but now appellant father has come out from jail and being the natural guardian he is entitled for custody of his daughter, which is being denied by the respondent maternal grandfather. The appellant was married to Sambhavi, daughter of respondent, on 28.11.2005. From the said wedlock, a female child was born on 05.01.2007 at Jan Chikitsa Hospital, Mithapur, Patna. The name of minor female child is Varshika @ Tisha for whose custody present case was filed before the Family Court, Patna. The wife of the appellant died in mysterious circumstances in the matrimonial home on 07.01.2009 and a criminal case bearing Gardanibagh P.S. Case No. 177 of 2009 under Sec. 304B read with 34 I.P.C. was registered against the appellant and his family members for causing dowry death of mother of minor daughter.