JUDGMENT :

Shree Chandrashekhar, J.

The judgment dated 26th July 2022 in Original (Guardianship) Suit No. 5 of 2016 (in short, Guardianship case) has been challenged by the mother, maternal grandfather, and maternal uncles of Deepanshu Darshan and Shreya Kumari @ Suddhi @ Arohi by filing First Appeal No. 87 of 2022 under section 19(1) of the Family Courts Act.

2. In the judgment dated 26th July 2022 (in short, 2nd Judgment) passed in the Guardianship case, the Principal Judge, Family Court, Giridih has held as under:

“19. It is true that there is no rule of law that a child of tender years should remain with mother. Whether it is better for the child to be with the mother or the father, depends the particular circumstances of each case. After perusing of overall materials and evidence on the record, it has come out that respondent-1/wife has no personal income and she depends upon either maintenance allowance or her parents. While the petitioner/father is a Associate Professor at RIMS, Ranchi and he has possess decree of M.B.B.S M.D. It appears that the petitioner/father can give good education to the minors in a good school at Ranchi and other places. Whereas, the mother has no secure