- (1.) RAKESH Sharma, J. Heard Sri Divakar Rai Sharma, learned Counsel for the appellant and Sri Nitin Kumar Agrawal, learned Counsel for the respondent.
(2.) THE appellant who is the maternal uncle of a minor male child of 4 years named Honey (Hani in the pleadings) has assailed the judgment and order dated 26-7-2004 passed by Additional District Judge, Court No. 4, Aligarh allowing the application of father for handing over the custody of the child to him in preference to maternal uncle's possession. As per learned Counsel for the appellant, appellant's sister got married to the respondent, Sri Sanjay Kumar Gupta on 21-11- 1997 and out of the wedlock a son named Honey was born on 20-8- 1998. Unfortunately, appellant's sister had died in December, 1998 leaving behind an infant i. e. Honey. At the time of death, appellant's sister was living with her parents. Learned Counsel for the appellant has further submitted that husband of Smt. Rupa Varshney, Sanjay Kumar Gupta had re-married in April, 2000 and is having two sons out of this subsequent wedlock.
(3.) AFTER the death of Smt. Rupa Varshney, an application was made under Section 498-A I. P. C. read with 3/4 of the Dowry Prohibition Act and thereafter a criminal compliant was registered. Since Smt. Rupa had died, the litigation could not proceed further. The minor Honey is living with his maternal uncle and aunt. This couple is issue less and, as such, for the little child, his maternal uncle is the most appropriate person to look after the interest and welfare of the minor child.;