Patna High Court
Padmakar MishraversusAlok Kumar Jha,
- Decided
- Disposal
- DISMISSED
- Bench
- NANI TAGIAANSUL
Holding
The High Court held that the natural parents are the natural guardians and there was no error in the Family Court's dismissal of the guardianship suit.
Summary
The appellants, Padmakar Mishra and his wife Renu Devi, who are maternal grandparents, filed a guardianship suit seeking custody of their grandchildren, Aditya Kumar and his sister, against the children's parents, Alok Kumar Jha and Nilam Devi. The Family Court dismissed the suit, holding that the natural parents are the natural guardians of the children. The appellants appealed to the Patna High Court, arguing that the dismissal was erroneous. The High Court examined whether the grandparents could be appointed guardians over the natural parents and found no merit in the claim, affirming the principle that natural parents retain primary guardianship. Consequently, the High Court dismissed the miscellaneous appeal, upholding the Family Court's order.
Issues considered
- Whether maternal grandparents can be appointed as guardians of minor children over the natural parents
- Whether the Family Court erred in dismissing the guardianship suit filed by the grandparents
Subjects
- guardianship
- natural guardian
- grandparents
- family law
- appeal dismissed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.413 of 2025
======================================================
1. Padmakar Mishra Son of Late Akshyawar Mishra, Resident of village-
Pajiarwa, P.S. - Sugauli, District- East Champaran. Presently- resident of
Mohalla- Prem Nagar, Ward No.- 6, P.S. and P.O.- Sugauli, District - East
Champaran.
2. Renu Devi, Wife of Padmakar Mishra, Resident of village- Pajiarwa, P.S. -
Sugauli, District- East Champaran. Presently- resident of Mohalla- Prem
Nagar, Ward No.- 6, P.S. and P.O.- Sugauli, District - East Champaran.
... ... Appellant/s
Versus
1. Alok Kumar Jha, Son of Ramesh Kumar Jha, resident of village - Chagraha,
P.S. - Sugauli, District- East Champaran.
2. Nilam Devi, Wife of Alok Kumar Jha, resident of village - Chagraha, P.S. -
Sugauli, District- East Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Vijay Shankar Shrivastava
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
and
HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE NANI TAGIA)
6 10-02-2026 Heard learned counsel for the appellants and learned
counsel for the respondents.
2. This appeal is directed against the Judgment and
order dated 19.02.2025, passed by the learned Principal Judge,
Family Court, East Champaran, Motihari in Guardianship Case
No. 07 of 2022, whereby the aforesaid guardianship case filed
by the appellants herein against the respondents claiming
guardianship of Aditya Kumar and one girl child, has been
dismissed.
Patna High Court MA No.413 of 2025(6) dt.10-02-2026
2/2
3. The appellants are maternal grand parents of the
aforenoted children.
4. The aforesaid two children are stated to be the son
and the daughter of respondent nos. 1 and 2. Respondent nos. 1
and 2, who are the husband and wife and parents of the two
children named above are stated to be living together.
5. Considering the fact that the father and mother are
the natural guardian of the children, we find no error in the
impugned Judgment and order dated 19.02.2025, passed by the
learned Principal Judge, Family Court, East Champaran,
Motihari in Guardianship Case No. 07 of 2022 dismissing the
guardianship case filed by the appellants, who are stated to be
the maternal grand parents of the children.
6. Accordingly, the instant Miscellaneous Appeal
stands dismissed.
(Nani Tagia, J)
( Ansul, J)
Pravinkumar/
Amarendra
U
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