106 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: January 08, 2025 Anju and another .....Appellants Versus Rekha ..... Respondent CORAM:- HON'BLE MRS. JUSTICE LISA GILL HON'BLE MR. JUSTICE ALOK JAIN Present: Mr. S.D. Bishnoi, Advocate for the appellants.

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LISA GILL, J.

1. Prayer in this appeal is for setting aside interim order dated 09.12.2024 passed by learned Family Court whereby it has been directed that during pendency of petition under Section 6 of Hindu Minority and Guardianship Act, 1956 read with Section 25 of Guardian and Ward Act, 1890filed by respondent – wife (petitioner before learned Family Court), custody of minor child, aged eight years be handed over to the mother of child by present appellants (respondents before learned Family Court), who are the paternal Aunt and Uncle (Bua/Fufad) of child.

2. Respondent in present appeal i.e. petitioner before learned Family Court filed petition under Section 6 of Hindu Minority and Guardianship Act, 1956 read with Section 25 of Guardian and Ward Act, 1890seeking custody of her minor child aged eight years. She pleaded that a son was born to her and her husband on 18.12.2015. Her husband and brother of appellant No. 1 unfortunately passed away on 17.11.2022. Appellant No. 1 proposed that in case respondent had no objection, better education could be provided to the minor child at Rohtak where she was residing alongwith her husband and two sons. It was asserted by appellant No. 1 that her other sister was working as Science Teacher at Government School, therefore, she could also help in the matter. Mother of minor, it is stated, agreed for education to be provided by paternal Aunt. Child was admitted at private School at Rohtak from April 2023 till end of the session. When the mother came to take her child after completion of annual examination, she was not allowed to even meet the minor. When present appellants refused to hand over custody of minor child, petition in question was filed. Same was opposed by present appellants while stating in their reply/written statement that mother had herself abandoned the minor child and remarried one Joginder son of Phool Kumar, in the month of May, 2023. It was further pleaded that mother had no love and affection for the minor child and it is not conducive for welfare of the child that he should live with his mother. Appellants claimed to be in a better position to provide good education, amenities and guidance to the minor. Respondent – mother filed applications seeking interim custody of minor child alongwith an application for applying under Orphan Child Pension scheme of Chief Minister and Child Ashirwad Scheme, Haryana.

3. Learned Family Court while observing that mother being natural guardian and in the given facts and circumstances of case, was the best person to take care of her son and in the interest of welfare of minor child, directed vide impugned order that minor be produced in Court for handing over interim custody during pendency of petition. It was further observed by learned Family Court in impugned order dated 09.12.2024, that during interaction with the child, it was found that he had been tutored in a manner which is not in his welfare nor healthy for his growth as a human being with moral and ethical values. It was further observed that minor had earlier been in the custody of his mother, since his birth till April, 2023. Aggrieved of order dated 09.12.2024, present appeal has been filed.

4. Learned counsel for appellants vehemently argues that child was left by respondent – mother herself, after the death of her husband i.e. brother and bother-in-law respectively of present appellants. She re-married in the month of May, 2023 with one Joginder son of Phool Kumar and is not in a position to look after her child and it is not in the interest of minor child to be with the mother. Moreover, learned trial Court has not taken in account the wishes of minor child, who is nine years old and is v