The main legal point established in the judgment is the importance of considering the welfare of the child and the development of a bond of affection with her maternal grandparents when determining visitation rights and custody arrangements.

JUDGMENT

Rakesh Kumar Jain, J. - This appeal is directed against the order dated 27.9.2018 passed by the Family Court by which custody of the minor child (female), born on 10.5.2015, presently little above 3 years of age, has been given to the appellant and her visitation rights have been given to the respondents, who are her maternal grandparents.

2. In brief, the appellant got married to the daughter of the respondents on 10.10.2010. They were blessed with a girl child on 10.5.2015. The wife of the appellant died on 11.12.2016. The appellant is a Doctor so as respondent No.2. The respondents made a complaint against the appellant for investigation of the cause of death of their daughter. They have also filed criminal miscellaneous petition before this Court under Section 482 of the Cr.P.C. for seeking a direction. The respondents had filed an application before the Family Court under the Guardians and Wards Act, 1890 for appointing them as guardians of the person and property of their minor grand-daughter. The appellant has got remarried to another Doctor who is a divorcee but issueless. The application for guardianship was contested by the appellant basically alleging that the minor child is in his custody since her birth. The respondents have only two daughters. One of their daughters is living in USA and is issueless whereas the other one, married to the appellant, has died. Respondent No.2 is a child specialist having his own hospital in Nawanshahr whereas it is alleged that the appellant, who is also living in Nawanshahr, has his parents at Ambala.

3. On the pleadings of the parties, the Court framed as many as five issues on 26.9.2017. Although both the parties led their respective oral as well as documentary evidence to claim guardianship of the minor child but the Court appointed the appellant as the guardian of the person and property of the minor child and at the same time, granted the following rights to the respondents: -

"Therefore, even though the minor has been ordered to be left in the custody of her father, the maternal grandparents must be given a reasonable opportunity of meeting the child as it would be inappropriate and undesirable to keep the child away from her maternal grandparents. They must have adequate opportunity to see the minor child, spend time with her and to develop bonds of affection with her. Accordingly, respondent shall give petitioners a reasonable opportunity to meet minor child, spend time with her from morning of second Saturday of every month till the evening of Sunday and respondent shall permit maternal grandparents to take away the minor child along with them during this period. Further, respondent shall give the petitioners half of the summer vacations and winter vacations to spend with the minor child. The petitioners after having spent the above said period with the child, shall leave the minor child to her father's house in time and ensure the safety and security of the child. "

4. Admittedly, no appeal has been filed by the respondents/maternal grandparents against the order dated 27.9.2018, who are only defending the impugned order in this appeal to the extent of visitation rights.

5. Learned counsel for the appellant has submitted that the appellant has no objection insofar as the following order is concerned: -

"They must have adequate opportunity to see the minor child, spend time with her and to develop bonds of affection with her. Accordingly, respondent shall give petitioners a reasonable opportunity to meet minor child."

6. However, the appellant has an objection about the rest of the order by which the Court has allowed the respondents to keep the custody of the minor child during the night time as it has held that the respondents would be entitled to spend time with her from morning of second Saturday of every month till the evening of Sunday. He has also objected to the order by which the respondents/grandparents have been allowed to take her care during this perio