- (1.) Heard learned counsel for the appellants and learned counsel for the respondents.
(2.) The appellants are aggrieved by the judgment dated 13th March 2012, passed by the learned Principal Judge, Family Court, Palamau at Daltonganj, in Guardianship Case No. 1F of 2009, whereby the custody of the child has been given into the respondents herein, who are the great grandfather and father of the minor boy respectively. The appellants herein, who are the maternal grandfather and maternal grandmother of the child, have been directed to handover the minor son of their deceased daughter to the respondents herein, within one month of the judgment, giving them only the liberty to interact with the minor child, while the minor shall be residing at his father's place.
(3.) The facts of this case lie in a short compass. The daughter of these appellants were married to the respondent No. 2 Akhilesh Prasad and out of the wedlock, one son was born. It is alleged that the mother of the minor son was being subjected to cruelty and torture for demand of dowry and her dowry death was committed at her in-laws place. Thereafter, the child remained in custody of his maternal grandfather and grandmother. It is the admitted case, as is apparent from the impugned judgment, that at the time of filing of the case and during the pendency of the case in the Court below, both the petitioners, i.e., the great grandfather as well as the father of the child were in judicial custody in connection with the criminal case, relating to dowry death of the mother. The Guardianship Case No. 1F of 2009 was filed stating that the wife and daughter-in-law of petitioner respondent No. 1 were living in the house and they were capable to keep the child with them, as they had sufficient means to maintain the child, whereas the maternal grandfather was having a small business of spices and he was not capable to up bring the child, giving proper food and looking after proper development of the child.;