- (1.) Allowed as prayed for. Main Case : Grandparents of the minor Lavish Kumar have filed this revision petition under Article 227 of the Constitution of India to assail order dated 13.09.2012 passed by Guardian Judge, Jagadhri, thereby directing the petitioners herein to hand over interim custody of the minor to respondent Usha Rani, who is mother of the minor.
(2.) Respondent herein was married with Satish Kumar - son of petitioners herein. Unfortunately, Satish Kumar has since died. Case of the respondent mother is that she was turned out of matrimonial home by the petitioners herein on 29.08.2011 and the minor was retained forcibly by the petitioners against her wishes. Accordingly, the mother has filed guardian petition seeking custody of the minor. She also filed application for interim custody of the minor during pendency of the petition. The petitioners herein opposed the main petition as well as application for interim custody of the minor alleging that mother of the minor herself left the matrimonial home on 29.08.2011 after effecting compromise in Panchayat and voluntarily leaving the child with the petitioners. Learned Guardian Judge, vide impugned order, has ordered interim custody of the minor to be handed over to the mother. Feeling aggrieved, grandparents have filed this revision petition to challenge the said order.
(3.) I have heard counsel for the petitioners and perused the case file.;