Judgment :

M.S. Sahoo, J.

By filling the present appeal under Section 19 of the Family Courts Act,1984 the appellants have challenged the judgment and order dated 21.11.2018 passed by the learned Judge, Family Court, Berhampur in Civil Proceeding-C.P. No.271 of 2015.

The said proceeding was filed under Section 6 of the Hindu Minority and Guardianship Act, 1956 (hereinafter the ‘Act, 1956’ for short) by the present respondent-father of the minor girl child (name of the girl is being withheld), seeking custody of the girl child who has been staying with her maternal grandmother and maternal uncles, in particular the respondent no.2 and his wife.

The appellants herein are the respondents before the learned trial court; appellant no.1 is the maternal grandmother of the minor child; respondent nos.2 to 6 before the learned trial court are the appellant nos.2 to 6 in the present appeal are the maternal uncles of the child.

2. The operative portion of the order passed by the learned Judge, Family Court is quoted herein:

“The case, be and the same, is decreed on contest, but without costs.

The petitioner is hereby declared as the natural Guardian of the child …

The respondents are directed to hand over the child to the petitioner within one month of this order, failing which the petitioner has liberty to bring the child to his custody through the process of the Court.

The petitioner is also directed to allow the respondents to see the child as and when they required the same.”

The facts in brief :

3. As per the pleadings of the parties before the learned court below that is also reflected in the impugned judgment, the undisputed facts leading to the Civil Proceeding before the learned Judge, Family Court and thereafter filing of the present appeal are: that on 19.04.2009 the daughter of the present appellant no.1 late Sasmita Sahu married respondent as per Hindu rites and customs. On 08.03.2010, the girl whose custody is the subject- matter of dispute was born from their wedlock. [The true copy of the Birth Certificate was exhibited and marked as Ext.”2’ in the proceeding before the learned trial court]. On 28.09.2011, the wife of present respondent namely, Sasmita Sahu died, allegedly, by committing suicide in the house of the present respondent (True copy of the Death Certificate was exhibited and marked as Ext.3 in the learned trial court). It is further contended that on 28.09.2011, due to unnatural death of Sasmita Sahu, U.D. Case No.27 of 2011 was registered at Bada Bazar Police Station, Berhampur on receipt of a Medico Legal Case Report from Medical Out-Post, Berhampur and on 15.05.2015, Police submitted its Final Report vide F.F. No.27 dated 15.05.2015.

3.1 Further it has been stated by the parties that visualizing the future prospect and maintenance of the minor girl child, it was unanimously decided amongst the family members and other local gentries known to both the parties, to let the child remain in the custody of present appellants, who are maternal grandmother and maternal uncles of the girl child, in terms of a written document dated 04.10.2011, by incorporating some terms and conditions therein. [The true copy of the agreement dated 14.10.2011 was exhibited and marked as Exhibit-A in the proceeding before the learned trial court.] It is further contended that since 28.09.2011, minor girl child is residing with her maternal grandmother and ma