Guardianship
Custody of minor child—High Court disposed of the writ petition filed by appellant, seeking to obtain the custody of his minor daughter from the alleged unlawful custody of fifth and sixth respondent (sisters-in-law of appellant), by granting liberty to the parties to approach the family court of competent jurisdiction for seeking custody of child in question—Appeal—Merely because of the unfortunate circumstances faced by the appellant as a result of which sisters-in-law of appellant were giving the temporary custody of the minor child and only because they looked after her for few years, the same cannot be a ground to deny the custody of the minor child to the appellant, who is her only natural guardian—Apart from the appellant being the natural guardian, even in order to ensure the welfare of the minor child, she should live with her natural family—Minor child is of tender age, and she will get adapted to her natural family very well in a short period—Appeal allowed. [Constitution of India, 1950, Article 226]
[Para 13]