ISHAQ MOHD. Vs. SHRI MOHD. IMRAN

JUDGEMENT

(1.) This misc. appeal under Section 47 of the Guardians and Wards Act, 1890 read with Section 19 of the Family Courts Act, 1984 has been preferred claiming the following relief: "It is, therefore, most humbly prayed that this appeal may kindly be allowed and the order dated 01.07.2019 passed by the learned Family Court, Udaipur to the extent of rejection of custody to the appellants, may kindly be set aside and the application filed by the appellants under Section 25 of the Guardian and Wards Act may kindly be allowed in toto and the respondents may kindly be directed to hand over the custody of Master Mohd. Sultan to the appellants forthwith. Any other appropriate order which the Hon'ble Court deems fit and favourable to the welfare of the wards may kindly be passed in favour of the appellants."

(2.) Brief facts of this case, as noticed by this Court, are that the appellants/applicants are grandfather and grandmother (maternal), and respondent No.l/non-applicant is father of the child and the respondents No.2 and 3/non-applicants are grandfather and grandmother (paternal). The current custody of the child, namely, Master Mohd. Sultan is with the respondents/non-applicants, and the same is being sought by the appellants/applicants.

(3.) Smt. Nargis Bano daughter of the appellants got married to respondent No.l-Mohd. Imran on 16.05.2014 and a male child, Master Mohd. Sultan was born on 10.02.2015. The allegation is that under undue harassment caused by the respondents, Smt. Nargis Bano committed suicide on 24.08.2016, resulting into lodging of an FIR at Police Station, Ghantaghar, Udaipur. Thereafter, the police, after due investigation, filed a charge-sheet against the respondents for the offences under Sections 498A, 304B and 302/34 of the Indian Penal Code, and accordingly, the trial commenced.