LEELAWATI DEVI Vs. POONAM DEVI

JUDGEMENT

(1.) This appeal has been filed by the appellant (hereinafter to be referred as grandmother) challenging the order dtd. 12/1/2024 passed by the learned Family Court whereby the application filed on behalf of the grandmother under Sec. 7 and 10 of the Guardians and Wards Act, 1890 (hereinafter to be refereed as the Act of 1890) was dismissed.

(2.) Brief facts of the case are that the grandmother filed an application under Sec. 7 and 10 of the Act of 1890 before the court below seeking custody of the girl child i.e. her grand daughter which was dismissed by the court below on the ground that the mother of the child is in government service, working as teacher and looking to the best interest of the child, the application filed on behalf of the grandmother was dismissed. Hence, the present appeal has been filed by the grandmother challenging the order dtd. 12/1/2024.

(3.) Counsel for the grandmother submits that the learned court below has committed serious illegality in dismissing the application filed by the grandmother. Counsel further submits that the grandmother is having agriculture land in which the share of mother of the girl child is also there. Counsel further submits that the family business of the grandmother is also there and they can better take care of the girl child.