RAJENDRA SINGH PARMAR, S/O LATE SHRI MADHO SINGH PARMAR, AGED ABOUT 62 YEARS, R/O MAHARANA PRATAP COLONY, WARD NO.11, SHIVPURI, TEHSIL & DISTRICT Vs. SMT. RAJENDRA KUMARI, W/O SHRI NARENDRA PRATAP SINGH, AGED ABOUT 52 YEARS
LAWS(MPH)-2016-8-231
HIGH COURT OF MADHYA PRADESH
Decided on August 17,2016

Rajendra Singh Parmar, S/O Late Shri Madho Singh Parmar, Aged About 62 Years, R/O Maharana Pratap Colony, Ward No.11, Shivpuri, Tehsil And District Appellant
VERSUS
Smt. Rajendra Kumari, W/O Shri Narendra Pratap Singh, Aged About 52 Years Respondents


Referred Judgements :-

MOHAMMED MEHBOOB KHAN V. RAHMIT BI [REFERRED TO]
ROSY JACOB VS. JACOB A CHAKRAMAKKAL [REFERRED TO]
ELIZABETH DINSHAW VS. ARVAND M DINSHAW [REFERRED TO]
SUMEDHA NAGPAL VS. STATE OF DELHI [REFERRED TO]
R V SRINATH PRASAD VS. NANDAMURI JAYAKRISHNA [REFERRED TO]
ANJALI KAPOOR VS. RAJIV BAIJAL [REFERRED TO]


JUDGEMENT

Rajendra Mahajan, J. - (1.)The appellant has preferred this appeal under Sec. 47 of the Guardians and Wards Act, 1890 (hereinafter referred to as 'the Act') being aggrieved by and dissatisfied with the order dated 10.07.2015 passed by the Additional Sessions Judge, Begumganj, district Raisen, in Guardian Case No.40A/13 titled Rajendra Kumari (Smt.) and another Vs. Rajendra Singh , whereby the learned trial Judge has appointed the respondents as guardians of minor girl Ku. Karnika aged about 5 years and directed the appellant to hand over her custody to them by allowing their application under Sec. 7 of the Act.
(2.)For the sake of convenience, the appellant and the respondents are hereinafter referred to as the non-applicant and the applicants respectively as per their status in the trial court.
(3.)The case of the applicants in brief is that Krishna Pratap Singh @ Chhoteraja was their youngest son. On 19.02.2007, he was married to Radhika Raje @ Ritu Raje, the daughter of the non-applicant, as per Hindu religion and wedding rites and customs prevailing in their caste. From their wedlock, Radhika gave birth to a girl-child named Karnika on 04.03.2011. At the time of filing of the application in the trial court, her age was about 3 years.


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