IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ANAND PATHAK &

HON'BLE SHRI JUSTICE ANIL VERMA

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ON THE 18 OF FEBRUARY, 2026 FIRST APPEAL No. 1949 of 2025 SMT. PHOOL BAI Versus KUSHAL KUSHWAH Appearance:

Shri Nitin Goyal, Advocate for appellant.

Shri S. S. Rajput, Advocate for respondent.

ORDER Per: Justice Anil Verma Today, both the parties appeared before this Court in-person.

2. Minor child - Ayush has been brought before this Court by appellant/Smt. Phool Bai. Ayush submits that for so many years he is continuously living with her maternal grandmother and he is happy with her and in future he is willing to live with her maternal grand-mother only and he has categorically stated that he is not ready to live with his father.

3.Per contra, respondent - Kushal Kushwah stated that being biological father of minor child - Ayush, he is also his natural guardian, mother of minor child has been expired and he is also financially more capable than appellant. Therefore, he deserves for custody of minor child for his better future.

4. Both the parties heard finally.

5. Appellant has preferred this first appeal under Section 19 of the Family Courts Act, 1984( in short ' the Act of 1984') challenging the impugned order dated 17.09.2025 passed in MJC GW 10/2022 by Principal Judge, Family Court, Guna, whereby an application under Section 7 of Guardians and Wards Act, 1890 ( in short ' the act of 1890') filed by appellant seeking custody of minor child Ayush has been dismissed and appellant was directed to hand over the custody of minor child to his father/respondent Kushal Kushwah.

6. Necessary facts for disposal of present appeal in short are that appellant/petitioner preferred a petition under Section 7 of the Act of 1890 seeking custody of minor child Ayush aged about 2 years(now aged about 6 years), with submission that marriage of respondent was solemnized with Janki bai on 07.05.2014 who happens to be the daughter of appellant as per hindu rituals and rights and due to their wedlock, minor child Ayush was born on 19.06.2020. Appellant/petitioner is maternal grandmother of minor child. Janki Bai has been expired and thereafter minor child Ayush is living with Appellant Phoolbai and her family members. Earlier respondent has filed a petition(MJCGW 42/2021) for seeking custody of minor child before Family Court, Indore and vide interim order dated 25.03.2023, custody of minor child has been granted to the petitioner/appellant.

7. Per contra, learned counsel for respondent denied all these allegations and submitted in his statement before the trial Court that appellant and her family members took his wife Janki Bai on a pretext to attend marriage, but thereafter they refused to send back the Janki Bai. Respondent filed a petition under Section 9 of the Hindu Marriage Act for restoration of conjugal rights before Family Court, Ujjain. But during the pendency of said petition Janki Bai has been expired in her parental home and intimation regarding her death was never given to the respondent and even the appellant demanded money for handing over the custody of minor child and also misbehaved with him. He made a written complaint against the appellant and her family members before Police authorities, but minor child was kept in Bal Kalyan Samiti, Ujjain. Appellant and her family members having criminal antecedents, therefore, future of minor child is not safe with appellant.

8. After considering pleadings of both the parties, Family Court framed certain issues and after appreciating the evidence available on record, learned trial Court by impugned order dismissed the petition filed by appellant with a direction to the appellant to hand over the custody of minor child to the respondent. Being aggrieved by the aforesaid, appellant has preferred this appeal.

9. Learned counsel for appellant has contended that trial Court has committed error in dismissing her petition. It is further submitted that after birth of minor child, resp