G.R.MOOLCHANDANI, J. - (1.) Narayan Lal Atal, father of Brijendra Kumar and grandfather of Master Kalpit sought custody of Master Kalpit and for which he relied upon a settlement agreement dated 21.07.2012.
(2.) In his petition he impleaded Shikha, his daughter-in- law as respondent No.1, Prabhati Lal, Shikha's father as respondent No.2 and one Yograj Sonwal as respondent No.3. Marriage of Brijendra Kumar S/o Narayan Lal Atal was solemnized with Shikha on 08.12.2004. Master Kalpit was born to the couple on 29.08.2005.
(3.) Unfortunately, the couple had differences. On 21.07.2012 with the intervention of the family elders an agreement was drawn up. The couple agreed to annul the marriage by consent. Regarding custody of Master Kalpit the agreement was that the mother Shikha would retain the custody of the child but if she remarries she would either handover custody to her father i.e. the maternal grandfather of the child or to her father-in-law i.e. paternal grandfather of the child. As per Narayan Lal Atal, after Shikha got remarried to Yograj she continued to retain the custody of the child. As per him Shikha was obliged to either hand over custody of the child to the maternal grandfather or the paternal grandfather of the child.;