FAO No. 2416 of 2011 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH FAO No. 2416 of 2011 (O&M) Date of Decision : 27.7.2011 Budh Ram .......... Appellant Versus Smt. Minakshi & another ...... Respondents **** CORAM : HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present : Mr. J.S. Maanipur, Advocate for the appellant. **** JASBIR SINGH, J. (ORAL) C.M. No. 8197-CII of 2011 For the reasons stated in the application, Civil Miscellaneous is allowed. The delay of 76 days in filing the appeal is condoned. FAO No. 2416 of 2011 This appeal has been filed against an order dated 28.8.2010, passed by the learned District Judge, Family Court, Faridabad, declining prayer of the appellant seeking custody of respondent No.1. The appellant is grandfather of respondent No.1. Record reveals that son of the appellant died in a road accident on 25.4.2006. After his death respondent No.2 left the house along with FAO No. 2416 of 2011 -2- respondent No.1, the minor child. The appellant filed an application under Section 25 of the Guardian and Wards Act, 1890 in the year 2007. The Court below gave an opportunity to both the parties to produce evidence. It was specific averment of the appellant that the minor child is not being maintained properly by respondent No.2 and her family members. Taking note of the evidence led by both the parties the learned trial Court rejected prayer of the appellant. It was noted, as a matter of fact, that after death of her husband, respondent No.2 had remarried. Her second husband has appeared in the witness box and had stated that he has adopted the child and she is being looked after very well. It was also noted by the Court below that during the period of four years no attempt has ever been made by the appellant to visit the minor child, what to talk of sending any maintenance allowance. By observing that the child is living with the natural guardian the prayer made by the appellant was rightly declined. No ground for interference is made out. Dismissed. (JASBIR SINGH) JUDGE 27.7.2011 (AUGUSTINE GEORGE MASIH) 'sp' JUDGE