Assignment 23

Name – Devang Rao
Enrolment- 312020L001
Course – BBA-LLB 18
Assignment- 23
IN THE COURT OF THE PRINCIPAL CIVIL JUDGE AT SURAT
FAMILY COURT AT SURAT
Family case no. 123/2022
In the Matter of :
Maahi Jain …………………………………………………………………………Petitioner
v.
Manish Patel ……………………………………………………………………… Respondent
Application for custody or guardianship of Minor Childs under section 9 of Guardian and Ward
Act, 1890
MOST RESPECTFULLY SHOWETH:
The petitioner stated the following details below :
1. That the Mrs. A is from Surat and Mr. B is from Punjab and Mr. B lives in Joint family in
Punjab. Mrs. A is petitioner’s Daughter (Deceased) and Mr. B is Husband of Petitioner’s
daughter. The arrange marriage set up was made between Mrs A and Mr B they
solemnized their marriage on 26th October 2016. From this wedlock they gave birth to a
Daughter in the year of 2018 and a Son in the year of 2020.
2. That the respondent and Deceased were husband and wife as mentioned above from 2016
so when the marriage had took place Deceased had to go to Punjab with respondent to
live with him and his family. Few initial days of marriage went good. After some days of
marriage respondent started harassing the deceased but further deceased still put lots of
efforts to rectify her husband. Still respondent continued to behave like this and
continuously harassed the deceased. As respondent lived in a joint family which means
influence has also been took from the family members. While to maintain the peace and
harmony deceased never complained to his family nor anyone else in the society
regarding the hardships she was facing in her married life. Deceased suffered a lot of pain
mentally as well as physically. Deceased used to share these incidents only with her
parents as she couldn’t bear it all alone. After having kids she lastly left the matrimonial
house in which respondent didn’t let her take away the kids with her. Hence she filed
case under Domestic Violence Act, Section 498A under Indian Penal Code, and petition
for Divorce under Hindu Marriage Act and for custody of children under Guardians and
Wards Act.
3. Mrs. A got diagnosed with cancer in January 2022 and passed away in 6 th September
2022.While the cases filed by Mrs. A are pending in the court. While the petitioners are
aware of the habits and conditions of Respondent petitioners filed the present application
for the custody of their grandchildren as it would not be favorable for the kids to live in
such environment.
4. That the respondent of this application is addicted to Drinking Alcohol, consuming

drugs., smoking and have contacts with some anti social elements. Respondent does not
earn even a single penny of money and not able to look after the kids. While the
respondent also used to abuse his wife and his family even never interrupted into this
matter. The Mrs A (deceased) was the earning person as she was a teacher in the school.
Mr B used to spend her money in alcohol and drugs. The environment of the house of Mr
B is not suitable for any person live in. sometimes in the drunken condition Mr. B also
mistreated his own kids. Whereas it is about the best interest of kids who are minor and
these things will make a wrong impact on the kids.
5. The kids used to visit their maternal grandparents quite frequent so they are very familiar
to them. And also the daughter who understands things much loves to spend time with the
maternal grandparents and visit them. Even she is aware of abuse her father did to her
mother she doesn’t like him too much neither is very comfortable with him. The
respondent don’t earn any money he cannot even provide them education. The man who
himself was dependent on his wife and now his family will take care of the kids. It can’t
be predicted for how long the respondent’s family will take care of the kids as they all
have their own family too to look after.
6. That there are various legal authorities it is settled that the best interest and welfare of the
child is paramount. In the case of Nil Ratan Kundu (9) SCC 413 (2) it is stated by
Supreme Court that Paramount Consideration is the welfare of the minor and not legal
right of a particular party as decided in 1993 (1) RRR 413 (SC) (3) if the minor is
intelligent enough or judgment, the court must consider such preference as well, though
the final decision should rest with the court as to what is conducive to the welfare of the
minor. in this same case it was held that custody given to maternal grandparents in
preference to father.
7. That referring to all the above mention circumstances as well as the legal authorities that
are cited it is very much cleared that the children custody must be given to maternal
grandparents of that children if it is affirmative then the best interest of child is also
protect and kept them away from any type of bad influence and unsafe environment that
may cause or danger the future of children.
PRAYER
1. The Hon’ble Court is humbly requested to allow this Application.

2. The Hon’ble Court is humbly requested to grant the permanent custody of both the
children to the petitioners
and / or
pass any order that this Hon’ble Court may deemed fit.

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Name – Devang Rao

IN THE COURT OF THE PRINCIPAL CIVIL JUDGE AT SURAT

FAMILY COURT AT SURAT

Family case no. 123/2022

Maahi Jain …………………………………………………………………………Petitioner

Manish Patel ……………………………………………………………………… Respondent

MOST RESPECTFULLY SHOWETH:

The petitioner stated the following details below :

4. That the respondent of this application is addicted to Drinking Alcohol, consuming

1. The Hon’ble Court is humbly requested to allow this Application.

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