IN THE MATTER OF:

SHRI YUVRAJ BANSOD PATIL

S/O LATE PANDURANG BANSOD PATIL

R/O RZH -79, GALI NO 2,

RAJ NAGAR PART -2,

PALAM COLONY, NEW DELHI - 110045 … PETITIONER

VERSUS

SMT. REKHA WANKHEDE

W/O MADHORAM WANKHEDE

MOTHER-IN-LAW OF SHRI YUVRAJ BANSOD PATIL

R/O 315-126 KANAK DURGA COLONY,

R.K PURAM, SECTOR- 12,

DELHI- 110022 …RESPONDENT NO. 1

SHRI MADHORAM WANKHEDE

HUSBAND OF SMT. REKHA WANKHEDE

FATHER-IN-LAW OF SHRI YUVRAJ BANSOD PATIL

R/O 315-126 KANAK DURGA COLONY,

R.K PURAM, SECTOR- 12,

DELHI- 110022 ….RESPONDENT NO. 2

PETITION UNDER SECTION 25 OF GUARDIAN AND WARDS
ACT, 1890 READ WITH SECTION 6 OF HINDU MINORITY AND
GUARDIANSHIP ACT, 1956.

MOST RESPECTFULLY SHOWETH:

1. That the Petitioner has filed the present petition seeking custody of his only
child namely, Moksh Bansod Patil from the Petitoner’s mother-in-law and
father-in-law who has been denying the custody of the said child to the
Petitioner despite numerous efforts made by the Petitioner after the death of
the Petitioner’s wife. The petition has been signed by the Petitioner himself.
The copy of the aadhar card of the Petitioner is annexed herewith as
annexure as ANNEXURE P-1.

BRIEF FACTS OF THE CASE IS AS UNDER:

2. That the marriage between the Petitioner and Smt. Pooja Bansod Patil was
solemnized on May 6th, 2012 according to Hindu rites and customs. Out of
the wedlock a son named Master Moksh Bansod Patil was born on
September 12th, 2013. Petitioner’s wife and daughter of the Respondents was
discharged from the hospital 4 (four) days after the delivery of Master
Moksh, but since she was suffering from severe blood infection, she was
again admitted to the hospital. There was no improvement in the health of
the Petitioner’s wife. It is stated that the Petitioner’s wife unfortunately
 passed away on October 13th, 2013 i.e. 1(one) month after the birth of
Master Moksh. The copy of the wedding card of the Petitioner is annexed as
ANNEXURE- P-2. The copy of the death certificate of the Late Smt. Pooja
Bansod Patil is annexed as ANNEXURE P-3. The copy of the birth
certificate of Master Moksh Bansod Patil is annexed as ANNEXURE P-4.

3. The Respondent No. 1 is the mother-in-law of the Petitioner and the

Respondent No. 2 is the father-in-law of the Petitioner. That the
Respondents are aged around 55 (Fifty Five) years and 65 (Sixty Five) years
old and are the maternal grandparents of Master Moksh. It is stated that
Master Moksh was just 1 (One) month old when his mother passed away.
While the Petitioner was emotionally shattered after the sad demise of his
wife meanwhile the Respondents took away Master Moksh and has been
keeping him in their custody.

4. That the Petitioner since then repetitively requested the Respondents to

handover the custody of the child as he is the natural guardian of the child
and he will ensure proper upbringing of the child which has been denied by
the Respondents.

5. That in the meantime, since Master Moksh had attained the age of 3 (Three)
years 5 (Five) months in or around the month of February, 2017, the
Petitioner found it appropriate to get him enrolled in a school. It is submitted
that the Petitioner got Master Moksh admitted in D.A.V Public School,
Sector-6, Dwarka, New Delhi in Nursery standard. It is submitted that the
Petitioner has concern for the overall welfare and growth of Master Moksh.
6. That the academic session of Master Moksh had to start from April 1 st, 2017.
The Petitioner came to know that Master Moksh was sent to school only for
few days between April 1st, 2017 and April 7th, 2017.It is submitted that the
Respondents have stopped sending Master Moksh to school.

7. That the Petitioner has been contacting the Respondents asking for the
custody of Master Moksh and has also asked the reasons why Master Moksh
has been discontinued from his schooling. The Respondents has neither
given the custody of the child to the Petitioner nor has given any reason for
not sending the child to school. The Respondents have, on phone, stated that
it was due to the distance from their home to school and also due to their old
age, they are not in a position to send Master Moksh to school. It is
respectfully submitted that the custody of the child with the Petitioner is
very important for the purposes of overall growth of the child.

8. That the Respondents apart from being old, they are also not financially and
economically sound to take care of Master Moksh. The grandmother works
as a domestic help in shanti niketan kothis and her monthly salary is around
INR 5000/- (Rupees Five Thousand only) whereas the grandfather was
employed as a security guard in R. K. Puram. Currently the grandfather is
not employed. It is pertinent to mention that maternal grandparents of
Master Moksh are not literate and therefore, they are not being able to
understand the importance of school in the development of Master Moksh.
Whereas the Petitioner is a well read man and is currently working as an
accountant with M/s Kaaizen Engineers. The Petitioner has a stable job with
a salary of INR 14,000/- (Rupees Fourteen Thousand only) per month. The
 proof of employment of the Petitioner with M/s Kaaizen Engineers is
annexed herewith as ANNEXURE P-5.

9. That the Petitioner has further made the investment towards the purchase of
a house at________________________ and is making payments in
installments. The proof the purchase and the installment payments are
annexed collectively as ANNEXURE P-6.

10.That Master Moksh, son of the Petitioner is only 3 (Three) years 10 (Ten)
months of age and at such tender age presently needs care, love and custody
of the Petitioner (father) and due weightage also needs to be given to the
health, education, intellectual development and favorable surroundings for
the welfare and development of the child. The Petitioner is capable of
supporting the upbringing of Master Moksh as he would provide him with
love, affection, care and also fulfill all the requirements for his overall
welfare most importantly education.

11.That after the death of minor’s mother, the Petitioner (father) approached the
Respondents several times seeking the custody of the child Moksh to him
but of no avail. The Respondents have been categorically refusing the
custody of the child to the Petitioner. After repeated requests being made to
the Respondents, the Petitioner was left with no option but to sent a letter
dated May 1st, 2017 to the Respondents asking for the custody of the child ,
failing which the Petitioner categorically informed them of legal actions
against the Respondents. The aforesaid letter dated May 1st, 2017 was sent
via speed post consignment no. ED118295192IN. The copy of the letter
 dated May 1st, 2017 along with proof of dispatch is annexed as
ANNEXURE P-7. Despite the aforesaid letter, the Respondents have not
handed over the custody of the child to the Petitioner.

12.That the Petitioner has not remarried and intends to devote his life towards
the welfare of his child. The Petitioner has two elder brothers, both of them
are married. The Petitioner stays with his brothers and sister in laws live as
one family. The Petitioner’s sister in laws will take of the child like their
own child while the Petitioner is in office as the Petitioner is aware that the
welfare is an all-encompassing word. It includes material welfare; both in
the sense of adequacy of resources to provide a pleasant home and a
comfortable standard of living and in the sense of an adequacy of care to
ensure that good health and due personal pride are maintained. The
Petitioner shall take proper care and attention in the upbringing of the
Master Moksh. The Petitioner is the natural guardian of Master Moksh.

13.That Master Moksh has attained the age to be sent to school and the
Petitioner has made its best efforts so that the child could be admitted in a
reputed school, which would help him shape his personality and the
Petitioner also kept in mind the welfare and the overall development of the
child in a good environment. All the efforts of the Petitioner paid off when
Master Moksh got admitted to D.A.V. Public School in Dwarka Sector 6.
The Petitioner took all the financial responsibility in order to get his son
admitted in Nursery class of D.A.V. Public School, Dwarka Sector 6.
14.That the Respondent has stopped sending the child to school from _____
stating that they were not capable to bear the bus fees, distance to the school
being far and their old age. The Respondents cannot afford to travel on daily
basis.Such an act of the Respondents are causing harm to the child’s
development as it is hampering his education. The Petitioner will be able to
provide the child with good quality education for his better future if his
custody is handed over to the Petitioner. The primary focus is the welfare of
the child, which the natural guardian of the child i.e. the Petitioner would be
comfortably be able to provide him.

15.That the Petitioner has sufficient source to provide all the facility regarding
education, mental peace of the child, love and affection because he is the
natural guardian of the child. It is submitted that the Petitioner who is living
in RZH -79 , Gali No 2 , Raj Nagar Part -2 , Palam Colony , New Delhi -
110045 with all the means at his disposal is capable of and is willing to
provide good education to his only son Master Moksh. On the contrary, the
Respondents have stopped sending the child to school thus hampering his
educational and overall growth.

16.The Cause of action to file the present Petition arose in the month of May,
2017 when the Respondents did not accede to the final request of the
Petitioner to seeking custody of Master Moksh to him and continued with
the illegal custody of Master Moksh Bansod Patil. The cause of action is
subsisting as Respondent has still not handed over the custody of the child to
the Petitioner.
 17.That the Petitioner has no other remedy except to file the present
Petition/Application before this Hon’ble Court.

18.That the Petitioner has not filed any other similar petition before this
Hon’ble Court or in any other court seeking similar relief.

PRAYER

It is, therefore, respectfully prayed that this Hon’ble court may be pleased to:-

a. Allow the present petition granting the custody of Master Moksh Bansod
Patil to Petitioner against the Respondents.
b. Pass such further order as this Hon’ble Court may deem fit and proper in the
facts and circumstances of the present case, in the interest of justice.

PETITIONER,
Through,

GK MISHRA, AYANDEB MITRA, MONIKA SINGH

Advocates for August Legal,
S-553, LGF, GK-II,
New Delhi-110048
 IN THE COURT PRINCIPAL FAMILY JUDGE, ________

HOUSE COURT, NEW DELHI

G.P.NO. OF 2017

IN THE MATTER OF:

SHRI YUVRAJ BANSOD PATIL

S/O LATE PANDURANG BANSOD PATIL

R/O RZH -79, GALI NO 2,

RAJ NAGAR PART -2,

PALAM COLONY, NEW DELHI - 110045 … PETITIONER

VERSUS

SMT. REKHA WANKHEDE

W/O MADHORAM WANKHEDE

MOTHER-IN-LAW OF SHRI YUVRAJ BANSOD PATIL

R/O 315-126 KANAK DURGA COLONY,

R.K PURAM, SECTOR- 12,

DELHI- 110022 …RESPONDENT NO. 1

SHRI MADHORAM WANKHEDE

HUSBAND OF SMT. REKHA WANKHEDE

FATHER-IN-LAW OF SHRI YUVRAJ BANSOD PATIL

R/O 315-126 KANAK DURGA COLONY,

R.K PURAM, SECTOR- 12,

DELHI- 110022 …. RESPONDENT NO. 2

AFFIDAVIT

I, YUVRAJ BANSOD PATIL, S/o Late Pandurang Bansod Patil, aged about ____

years, residing at RZH -79 , Gali No 2 , Raj Nagar Part -2 , Palam Colony , New

Delhi – 110045 do hereby solemnly affirm and declare as under:

1. That I am the Petitioner in the aforesaid Petition and being aware of facts

and circumstances of the case, I am as such competent to swear this

Affidavit.

2. That the accompany Petition has been drafted by my counsel at my

instruction and I have read the contents thereof. I state that the contents of

the aforesaid Reply are true and correct partly on the basis of the documents

relied upon by the Petitioner the contents thereof are true and correct on the
 basis of my personal knowledge and belief. I state that nothing material has

been concealed therefrom.

3. I state that the documents filed and relied upon by the Petitioner are either

original or true copy of the original.

DEPONENT

VERIFICATION

It is verified on this _____ day of _______2017 at New Delhi, that the contents of

the aforesaid Affidavit are true and correct on the basis my knowledge and belief

and nothing material has been concealed there from.

DEPONENT