ANGORI DEVI Vs. MAMTA AND OTHERS

JUDGEMENT

(1.) The present appeal has been filed by the appellant, who is the mother-in-law of the respondent no.1 original applicant under Section 47 of the Guardians and Wards Act (here-in-after referred to as "the Act") against the judgment dated 19.5.2012 passed by District & Sessions Judge, Alwar (here-in-after referred to as "the Court below") in the application bearing no. 44/2009, whereby the court below has allowed the application of the respondent no.1-original applicant filed U/s. 6 of the said Act.

(2.) In the instant case, the respondent no.1 original applicant moved an application before the court below seeking the custody of her two children named Jatin and Hemant, U/s. 6 of the said Act. It was contended inter-alia, in the application that her marriage was solemnized with one Dhani Ram, son of the present appellant Smt. Angori Devi. Out of the said wedlock, the respondent no.1 applicant had given birth to two children named Jatin and Hemant. It was the case of the respondent no.1 that in the year 2006, her husband Dhani Ram expired in the accident and thereafter the appellant and other relatives of her husband had taken away the custody of the said two children. The respondent no.1- applicant, therefore, had filed the said application seeking custody of her children from the appellant and the respondent nos. 2 to 5 original non applicants. The court below after appreciating the evidence on record, allowed the said application vide the impugned judgment dated 19.5.2012, against which the present appeal has been filed.

(3.) It has been submitted by Mr. Mohit Gupta, learned counsel for the appellant that the respondent no.1 had already executed one relinquishment deed, handing over the custody of her two children to the appellant, who was the grand-mother. According to him, the said deed was also registered in the office of Sub-Registrar. Mr. Mohit Gupta, learned counsel further submitted that the respondent no.1 was interested only in the money, which the Court had awarded as compensation on the death of her husband and invested in the names of children, otherwise, she was not interested in keeping the children.