Chander Bhusan Barowalia, J. - (1.) The present petition, under Article 227 of the Constitution of India has been maintained by the petitioners against the order dated 24.07.2017, passed by learned Civil Judge (Sr. Div.), Shimla, H.P. in CMA No. 103-6 of 2016, whereby the application filed by the petitioners under Section 25 of the Guardian and Wards Act, read with Section 151 of the Code of Civil Procedure for interim directions with regard to the custody of minor respondent No. 4, Master Vedant, has been partly allowed and they were held entitled for visitation rights of respondent No. 4, Master Vedant once in a week, i.e. every Sunday.
(2.) Briefly stating facts giving rise to the present petition are that marriage between respondent No. 1 and son of the petitioners was solemnized on 09.12.2010 and out of wedlock of their son and respondent No. 1, a male child was born on 31.08.2011. After the said marriage respondent No. 1 refused to perform household chores and her behavior towards the family was not cordial. On account of disputes between the son of the petitioners and respondent No. 1, several cases were initiated and during intervening night of 01.12.2016 and 02.12.2016, their son committed suicide, leaving behind a suicide note stating details of facts and circumstances of his death. Subsequently, a case under Section 306 of the Indian Penal Code was registered against respondents No. 1 to 3, at Police Station New Shimla, H.P. and after their arrest, minor respondent No. 4, Master Vedant, has been left all alone in the custody of relatives of the respondents. Hence, the application under Section 25 of the Guardian and Wards Act, read with Section 151 CPC has been filed by the petitioners.
(3.) Learned trial Court vide order dated 24.07.2017, partly allowed the application of the petitioners and held them entitled for visitation rights of respondent No. 4, Master Vedant once in a week, i.e. every Sunday. However, their prayer for custody of minor has been rejected. Hence the present petition.;