SUNIL SOLANKI S/O ANAND KUMAR JI SOLANKI, AGE 32 YEARS, B/C GHANCHI, R/O 82, BHALAWATON KA BAS, BHERUGHAT, PALI (RAJ.) Vs. MOHAN LAL PARIHAR S/O GANESH RAM JI PARIHAR, AGED 54 YEARS

JUDGEMENT

(1.) The appellant has preferred this civil misc. appeal under Section 19 of Family Court Act, 1984 against the order dated 23.03.2015 passed in civil misc. petition No.379/2013 under Section 25 of the Guardians & Ward Act, and also against the order dated 23.03.2015 passed in civil misc. petition No.380/2013 under Section 12 of the Guardians & Ward Act, passed by learned Judge, Family Court, Pali.

(2.) The brief facts as noticed by this Court are that the appellant's marriage was solemnized with Smt. Dimple Parihar daughter of respondent No.1 & 2 on 30.04.2005 at Surat. On 07.11.2010, the wife of the appellant Smt. Dimple gave birth to a male child namely Darsh at Surat. On 07.12.2010, wife of the appellant became critically ill and succumbed to the illness. On 08.12.2010, the funeral of wife of the appellant was done at Pali, Rajasthan in which, the son of the appellant was also present. It is alleged that respondent No.1 & 2 thereafter gained the custody of appellant's son Darsh and continued with the custody.

(3.) The appellant filed an application under Section 97 of Cr.P.C. before SDM, Pali for recovery of his minor son Darsh on 07.3.2011 but the same did not result into the appellant getting the custody of his child. The appellant also complained to the Human Rights Organization but with no resort. While the litigation carried on between the parties, the petitioner sought intervention of the learned Family Court by filing an application under Section 25 of the Guardianship and Ward Act read with Section 12 of the Guardianship and Ward Act. The respondent No.1 filed an application under Section 9 of the Guardianship and Ward Act upon which, the Family Court dismissed the petition of the appellant on the sole ground of jurisdiction.