LACHHMANNA IRRANNA SHETPALLIWAR Vs. ANIL SHRIRAM MARSETWAR
HIGH COURT OF BOMBAY (AT: STATE)
Lachhmanna Irranna Shetpalliwar
Anil Shriram Marsetwar
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Shalini Phansalkarjoshi, J. -
(1.) Whether the appellant the maternal grandfather or the respondent-natural father should have the custody of two minor children, aged 17 years and 13 years respectively, is the question for consideration raised in this appeal, which is directed against the judgment and order dated 03/06/2014 passed by District Judge 1, Darwha, District - Yavatmal in M.J.C. No. 12/2010.
(2.) The said petition was filed by the respondent herein under the provisions of Section 25 read with Section 7 of the Guardian and Wards Act (hereinafter referred to as "Act" for convenience) for the custody of his two minor children. By the impugned judgment and order, the trial court allowed the said application and directed appellant no.1 herein to hand over the custody of minor children to respondent. However, it is a matter of record that as on today the custody of the minor children is with their maternal grandfather appellant no.1 Lachhamanna Shetpalliwar.
(3.) Facts, which may be relevant, for the purpose of deciding this appeal, can be stated as follows :
The marriage of respondent with Ramakanta, daughter of appellant no.1, was performed in the year 1997. From the wedlock, Ramakanta had given birth to two children, by name, Amruta and Krushikesh. In the year 2010, Ramakanta died on 27/07/2010 at her maternal house at Mandava, Tah. Kinvat, District Yavatmal, as she was suffering from Cancer. At the time of her death, Amruta was studying in 6th standard at Babnaji Maharaj High School Dehni, whereas Krushikesh was studying in 3rd standard at Gurukul Convent (C.B.S.E.) School at Digras.
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