The High Court Of Madhya Pradesh
(ANAND KUMAR Vs LAKHAN JATAV)
Gwalior, Dated : 06-02-2019
Per Justice Vivek Agarwal
Shri H.K.Shukla and Shri R.P.Singh, learned counsel for the
Shri Sunil Kumar Jain, learned counsel for the respondent.
Heard on I.A.No.5325/2018.
Learned counsel for the respondent submits that today he has filed
reply to the I.A. which has been filed by the appellants seeking stay of the
effect and operation of the impugned order dated 22.11.18 passed by the
Court of Principal Judge, Family Court, Shivpuri, whereby on an application
moved by the respondent under Section 6 of the Guardian and Wards Act,
1890, learned Family Court has granted custody of child Ayush in the hands
of his father against which present appeal has been filed by the maternal
grand-parents of the minor. It is submitted that he being father is entitled to
the custody and there is nothing wrong in the impugned order dated 22.11.18
so to deny custody of the child to him. He submits that he has his mother at
home to take care of the child and he being a government servant is in a better
position to look after his child than maternal grand-parents of the child.
However, it is evident from the reply that there is no specific averment
in the reply as to how he is going to take care of the child specially when a
case under Section 304-B of IPC is pending against him.
It is also an admitted fact that for the last one and a half years child is
with his maternal grand-parents and they are looking after such boy, therefore,
this Court is of the opinion that ends of justice will meet and the interest of
the boy in question will be taken care of if as an interim measure while giving
custody of the child to his maternal grand-parents, we direct that respondent
Lakhan Jatav being father of child Ayush will be permitted to meet on
weekends to which appellants shall cause no obstruction or hindrance.
Accordingly, it is directed that for the time being during pendency of this
appeal and until further orders, custody of the child shall remain with maternal
grand-parents but the respondent and his parents will have a visiting right to
the child on every weekend for which appropriate arrangements will be made
by the appellants so that child is able to spend time on weekends with the
father and paternal grand-parents.
With the aforesaid, I.A.No.5325/2018 stands disposed of.
(SANJAY YADAV) (VIVEK AGARWAL)