- (1.)Heard learned counsel for the appellants on the question of admission.
(2.)This appeal has been filed by the appellants being aggrieved by the order dated 26-02-2016 passed by the District Judge, Rewa in Guardian and Ward Case No.12/2014 wherein the application filed by the respondent Manoj Soni for custody of his minor son Kanha under section 6 of the Minority and Guardianship Act, 1956 has been allowed and the custody of child Kanha has been granted to him.
(3.)The learned counsel for the appellants, who are maternal grand parents of Kanha, submits that the Court below has erred in allowing the application filed by the respondent without giving due importance to the fact that a criminal case has been registered against the respondent for offence punishable under section 306/34 and section 498-A of the Indian Penal Code on the allegation that he had aided and abetted his wife, daughter of the appellants, to commit suicide and had subjected her to cruelty for demand of dowry. The learned counsel for the appellants submits that as a criminal case is pending against the respondent father, he is not competent to look after his son. It is submitted that the Court below while allowing the application has also not taken into consideration the welfare of the child. The learned counsel for the appellants further submits that they are capable of looking after the minor child whose interest lies in staying with them and not with the father against whom a criminal case is pending. The learned counsel for the appellants has relied upon the decision of the Supreme Court rendered in the case of Smt. Surinder Kaur Sandhu vs. Harbax Singh Sandhu and another, 1984 AIR(SC) 1224 in support of his submission wherein the father had been convicted for a criminal offence, and therefore the custody of the child had been handed over to his mother keeping in view the welfare of the child in mind.