- (1.) In this case the tug of war is over the custody of two children, Nikhil, aged about thirteen and a half years and Chandini @ Charvi, aged about twelve years. While the Appellants, the grand-parents, who have brought up the children almost ever since their birth, claim the right to their custody, the respondent--the mother--claims the right on the basis of her motherhood. Since the appellant No. 1, the grandfather has expired during the pendency of this appeal the contest is now reduced to between the appellant No. 2, the grand-mother, and the respondent-mother. (However, for the sake of convenience the word 'the appellants' shall be used, but it shall connote only 'the appellant No. 2'). The appellants are aggrieved by the judgment dated 20-04-07 passed by the Additional District Judge No. 2, Sri Ganganagar, Camp Suratgarh, where by the learned judge has granted the custody of the children to the respondent-mother.
(2.) Briefly the facts of the case are that on 10-10-1997, the appellants' son, Rajesh Kumar married Anita, the respondent, as per the Hindu rites and customs. Out of the wedlock, Nikhil was born on 1-5-1999, and Charvi on 6-12-2000. Initially, the relationship between the husband and the wife was cordial.
(3.) However, after Nikhil's birth, it began to sour. While the appellants and the respondent have held each other responsible for the souring of the matrimonial relationship, the fact remains that on 9-5-2002 the couple parted. The children were left with the father and the grand-parents, the appellants. Subsequently, on 8-10-2003, Rajesh Kumar, the father, committed suicide, leaving the kids to the care of the appellants. According to the appellants, the respondent did not come to grieve with the family at the loss of her husband and of their son. Ever since 2002, the children are under the care of the appellants. Presently,the children are residing with the grand-mother, the appellant No. 2.;