2009 Supreme(Raj) 1984
PRAKASH TATIA
Mangal Das Vaishnava – Appellant
Versus
Jitendra Kumar Vaishnava – Respondent
Advocates:
For the Appellants:IR Choudhary, Advocate.
For the Respondent:AK Rajvanshy, Advocate.
JUDGMENT
1. - Heard learned counsel for the parties.
2. This appeal is by the non-applicants maternal grandfather and grand-mother against the judgment of the court of Addl. District Judge, Bali, Pali passed on the application filed under Section 7 of the Guardian and Wards Act by the father of the minor child whereby the trial court has allowed the application of the father of the child Nikhil and directed the appellants-non-applicants to hand over the custody of the child Nikhil to the respondent-applicant-father.
3. Brief facts of the case are that the respondent-applicant's marriage was solemnized with appellant's daughter Smt. Asha on 21st Nov., 2005. Out of this wedlock, the boy Nikhil was born on 12th Sept., 2002. It is stated that in the year 2003 applicant-respondent's wife fell ill seriously and due to illness she died on 2.8.2004. At that time, the appellant-non-applicant came to the house of the respondent-applicant and stated that for few days they want to take Master Nikhil to their house and they took Nikhil to their house for living with them for few days only. However, thereafter, inspite of request of the applicant-respondent, the appellants-non-applicants did not h
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