Sneh Prashar, J. - (1.) VEER Bhan, petitioner -appellant (hereinafter to be referred as "the appellant") assails the judgment dated 13.12.2013 passed by learned Additional Civil Judge (Senior Division) exercising the powers of Guardian Judge, Tohana, District Fatehabad, vide which his petition No. GW/8 of 2013 dated 08.06.2012 claiming custody of his minor granddaughter from respondents Santosh and Suresh (hereinafter to be referred as "the respondents"), was dismissed. Precisely the facts garnered from the record are as under: - Vicky, son of appellant -Veer Bhan, was married to Jyoti, daughter of respondents -Santosh and Suresh Kumar, on 25.03.2007 at Jakhal as per Hindu rites and ceremonies. From their wedlock, a daughter, namely, Khushi was born on 26.12.2009. Due to some temperamental differences the couple could not live together. Jyoti left the matrimonial home alongwith the daughter and started residing with her parents at Jakhal. She got registered a case under Sections 406, 498 -A and 506 of the Indian Penal Code (in short "I.P.C.") at Police Station Jakhal vide First Information Report No. 110 dated 16.06.2011 against her husband Vicky and parents -in -law (petitioner and his wife Rani). Unfortunately, Jyoti died on 10.06.2011 and Vicky expired on 23.12.2011. The minor daughter of Jyoti and Vicky remained in the custody of her maternal grandparents -respondents.
(2.) FILING the instant petition for custody of the minor granddaughter, appellant Veer Bhan alleged that the interest and future of the minor was not safe in the hands of the respondents as the atmosphere at their house was not good and peaceful. They were also being rude and negligent and were misusing her custody. On the other hand, the minor was his (appellant's) legal heir and he also had sufficient means to provide shelter, good education and congenial environment to her. The petition was contested by the respondents. They raised legal objections with regard to maintainability of the petition; estoppel; and concealment of true and material facts by the appellant. They pleaded that their daughter Jyoti, after being given severe beatings for non -fulfillment of their illegal demand for dowry, was thrown out of her matrimonial home by the appellant, his wife Rani and son Vicky. Because of the maltreatment, she fell ill and her life could not be saved. After the death of Jyoti and her husband Vicky, Rani wife of the appellant applied for compensation under 'Rajiv Parivar Bima Yozana' filing an affidavit that she was the sole legal heir of her son Vicky and the amount of compensation was disbursed to her. On 14.06.2012, it was brought to the notice of Sub Divisional Magistrate, Tohana that Vicky was survived by a daughter. The matter was got investigated and it was found that Rani had misused the scheme. On the warning of the authorities, Rani purchased a Fixed Deposit Receipt in the name of minor Khushi of the amount disbursed to her and herself became nominee of the minor. It is only with intention to grab the said amount that the appellant had filed the petition for taking custody of the minor. Submitting that the minor was being maintained well by them after the death of her mother Jyoti and they had no adverse interest against her, the respondents sought dismissal of the petition.
(3.) ON the pleadings of the parties, following issues were framed: - (1) Whether the petitioner is entitled to take the custody of minor Khushi who is granddaughter of petitioner from respondents on the grounds mentioned in the petition? OPP. (2) Whether the petition is not maintainable? OPR. (3) Whether the petitioner is estopped from his own act and conduct from filing the present petition? OPR. (4) Whether the petitioner has not come to the Court with clean hands? OPP (5) Relief.;