RAKESH SHUKLA Vs. PUTUL DEVI UPADHYAY

JUDGEMENT

(1.) The instant appeal, under Sec. 19(1) of the Family Court Act, 1984, is directed against the judgment and decree dtd. 5/1/2023 and 15/1/2023 respectively, passed by learned Principal Judge, Family Court, Pakur in Original Guardianship Suit No. 86 of 2019, whereby and whereunder the petition filed by the plaintiff/appellant under the Guardians and Wards Act, 1890 for custody of minor son has been dismissed.

(2.) The case of the plaintiff/appellant in brief is that the plaintiff/appellant is the father of the minor Anirudh Kumar and plaintiff/appellant was married to Rita Shukla and out of their wedlock she delivered the minor Anirudh Kumar on 3/11/2009 at Purulia District (West Bengal) in a Nursing Home and just after eight hours of delivery she died in the said hospital.

(3.) Since the wife of plaintiff/appellant died just after eight hours of delivery of minor Anirudh Kumar the defendant no. 1 (Putul Devi Upadhyay) was allowed to retain the custody of the minor with consent of the plaintiff/appellant.