Ankurs paternal grandfather respondent number1, on 27.2.97 filed a case under Section 7 of Guardians and Wards Act, 1890, for appointing him as guardian and custodian of Ankur and an ex parte order of injunction was also sought restraining Meera from giving Ankur in adoption to her parents or any other person.
In opposition, the stand taken by the appellant maternal grandfather and his daughter was that Ankur had been adopted by appellant on 9.2.97 and subsequently on 27.2.97, a deed of adoption was executed and the said deed was registered at Golaghat sub Registry as the adoption took place at Dergaon.
The family companyrt rejected the prayer of respondent number1 for interim custody of the child but respondent number1 succeeded in the revision petition filed in the High Court against the order of the family companyrt.
That order was, however, varied by this Court in the Special Leave petition filed by the appellant on agreement of the parties in terms of order of this Court dated 15th September, 1998.
The said order directed access of Ankur being given to respondent number1 and his wife on certain days and the arrangement in the said order was directed to companytinue till the disposal of the case pending before Family Court.
The Family Court by order dated 7th December, 1998 appointed respondent number1 as guardian of minor Master Ankur and the appellant was directed to hand over the child to respondent number1 as soon as his examination is over.
In May 1990, marriage was solemnised between Meera and Sanjay and out of wedlock, Ankur was born in December, 1991.
Unfortunately, all of a sudden, Sanjay died in a heart attack in the year 1995.
On attaining three years of age, he was admitted into Maria Montessory School, Guwahati in the year 1995.
The High Court directed on 19.2.98 that interim custody of Ankur be given to respondent number1 till disposal of application for appointment of guardian.
The Principal Judge, family companyrt, directed the maintenance of status quo with respect to Ankur.
The deed of adoption, it seems, was registered on 28th February, 1997.
Their appeal was dismissed and the order of the Family Court was maintained.
The challenge of the appellant and his daughter of the order passed by the Family Court did number succeed before the High Court.
The dispute regarding the validity of the adoption is subject matter of Title Suit No.4 of 1997 pending between the parties.
She is settled with her husband in Calcutta.
These are the circumstances under which the matter is once again before this companyrt on this appeal having been preferred by the maternal grandfather.
