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Nirpat Singh vs Smt. Bhavna on 31 January, 2019

1 MA-3110-2017
The High Court Of Madhya Pradesh
MA-3110-2017
(NIRPAT SINGH Vs SMT. BHAVNA)

Gwalior, Dated : 31-01-2019
Shri Sanjay Kumar Sharma, counsel for appellant.

Shri Arvind Kumar Dwivedi, counsel for respondent.

In compliance of our previous order dated 08.01.2019, Nirpat
Singh appellant no.1 and Smt. Bhavna and her second husband Shri
Ramcharan are present in person.

Appellant filed a petition under the Guardians and Wards Act to
have the custody of their grand children born out of the wedlock of their
late son Manendra Singh and Bhavana.

After the death of Mahendra Singh, respondent no.1 Bhavana has
married to respondent no.2 and residing with him along with the children
born out of the first wedlock.

Learned trial Judge after considering the evidence and material
placed on record found no merit and substance in the petition, therefore,
rejected it.

Learned trial Court found that respondent no.1 after second
marriage with respondent no.2 is looking after the welfare of her children
from first marriage and the respondent no.2 is providing requisite
financial support for proper education of minor children. During the
course of interaction with Nirpat Singh, Smt. Bhavan and Shri
Ramcharan, respondent no.1 Smt. Bhavna stated in unequivocal terms
that she is ready and willing to part with the custody of her minor
children provided other members of the family give assurance to look
after the children. She further stated that appellant no.2 Ramkalibai the
grand-mother of children does not want to live with the grand children
and, therefore, she apprehends that after appellant no.1 nobody would
2 MA-3110-2017
take care and look after the children, which would adversely affect their
welfare.

The appellant no.1 Nirpat Singh has controverted the contention of
respondent no.1, but except bare denial, no material was placed before
the trial Court in this regard.

The trial Court found that the children are living with their mother
Smt. Bhavan and she is looking after their welfare in proper manner.
Children are prosecuting their studies in the school and the respondent
no.2 (second husband of Smt. Bhavana) is providing adequate financial
support to Smt. Bhavana.

After having heard the parties and without touching the merit of the
appeal, we feel that it would be in the interests of justice and welfare of
the minor children that they should continue to live with their mother Smt.
Bhavana, therefore, we decline the prayer of appellant no.1 in this
behalf.

We state that this is not the final conclusion of the matter and the
appeal shall be decided in accordance with law without being influenced
by this order.

At this stage, Shri Sharma, counsel for appellants has invited our
attention to the pending IA No.925/2018 filed on behalf of appellant for
visiting rights.

The application is not opposed by the other side.
Smt. Bhavana and Ramcharan both stated in the open Court that
appellant no.1 can visit their residence to meet the grand children.
Appellant says that he would like to meet the grand children at a neutral
place away from the residence of the respondents.

After deliberation, we direct the respondents to allow the
appellants to meet the grand children in the premises of Kela Mata
Mandir situated at village Nausurai on every alternate Sunday in the
3 MA-3110-2017
month for a period of one hour from 11:00 am to 12:00 noon. We direct
the appellant that he shall not by any manner whatsoever poison the mind
of his grand children either against their mother or step father. After
having met his grand children, as directed above, he should handover the
custody of grand children in safe and sound condition to Smt. Bhavana.

If appellant no.1 tries to misuse the aforesaid indulgence,
respondents would be free to make application for appropriate order in
this regard.

With this IA No.925/2018 stands disposed of.

(S.K. SETH) (ANAND PATHAK)
CHIEF JUSTICE JUDGE

mn

MANOJ NAIR
2019.01.31
17:58:18
+05’30’

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