SMT. SHANTI DEVI Vs. FULI DEVI & ANR.

JUDGEMENT

(1.) Appellant has laid this appeal under Sec. 47 of the Guardians and Wards Act, 1890 (for short 'the Act') to assail the impugned order dated 09.02.2016 passed by the Additional District Judge, Sojat District Pali (for short 'the learned Trial Court'). By the order impugned, learned Trial Court has allowed the petition of the respondent-mother for interim custody of her minor sons Kiran and Vivek respectively.

(2.) The facts apposite for the purpose of this appeal are that respondent initiated proceedings before the learned Trial Court for guardianship and custody of her two minor sons Kiran and Vivek aged 6 and 4 years respectively. It was, inter alia, averred in the petition that they are in custody of the appellant who is grand mother of the minor kids. The respondent stacked her claim for custody of minor children as their natural gaurdian after death of their father. Along with petition for guardianship and custody, the respondent also filed a separate petition under Sec. 12 of the Act craving interim custody of the minor children. Asserting her right as a natural guardian of both the minor children after death of her husband, the respondent has also pleaded some relevant facts for craving interim custody of the minor children in their welfare.

(3.) The petition is contested by the appellant precisely on the ground that respondent has remarried, therefore, it is not in the welfare of the minor kids to grant their interim custody to her. In the reply, it is also pleaded that respondent in presence of Panchayat has disowned both the minor children and now after entering into matrimony with someone else, it would not be in the interest of kids to grant interim custody to the respondent-mother.