JUDGMENT

Rajeev Kumar Shrivastava,J. - Appellants has preferred this Misc. Appeal under Section 47(a) of the Guardians and Wards Act, 1890 (for brevity, the 'Act') assailing the order dated 22.7.2019 passed by First Additional District Judge, Dabra, District Gwalior in MJC No. 07/2017 (Aditya Trivedi vs. Ramkumar Swami and another), whereby the application preferred by the respondent under Section 7 of the Act for custody of his daughter has been allowed.

2. Brief facts of the case are that on 30.4.2012 marriage was solemnized between respondent and daughter of appellants, namely, Smt. Bharti and out of their wedlock girl Divya was born. It is pertinent to mention that at the time of filing of application under Section 7 of the Act, Divya was aged about four years. It is further alleged that soon after the marriage of the respondent, Smt. Bharti committed suicide on 2.10.2013. A false case was registered against the respondent for the offences under Sections 498-A and 304-B of IPC and under the garb of the false FIR the appellants took daughter Divya into their custody. Thereafter the respondent has been acquitted by the trial Court in connection with the aforesaid offences and appe