CAV JUDGMENT

1. By this appeal under Section 47 of the Guardians and Wards Act, 1890 , appellant has questioned the legality and sustainability of the impugned order dated 09.10.2018 passed in MJC No.1/2016 whereby learned Additional Judge of the Court of Additional District Judge, Mungeli has allowed the application filed under Section 7 of the Guardians and Wards Act, 1890 (hereinafter referred to as “Act of 1890”) read with Section 13 of the Hindu Minority and Guardianship Act, 1956 (hereinafter referred to as “Act of 1956”).

2. Facts relevant for disposal of this appeal are that appellant got married with Shashi Vishnav. Shashi Vaishnav died while suffering with medical ailment. During suffering of Shashi Vaishnav with medical ailment, minor child started residing with her maternal-grand-mother. However, in the month of November 2015, the appellant/non-applicant made an attempt to took the minor child with him forcefully. Incident was reported based upon which proceeding under Section 151 of Cr.P.C. was initiated. Applicant/respondent is residing along with her two sons and daughter-in-law. Aggrieved with action taken by appellant/non- applicant, respondent/applicant has submit