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Prayagraj, 17 May (HS). The Allahabad High Court has said that merely because the husband remarries after the death of his wife, the husband does not lose the right to guardianship of his children. The opposite father has also said in the family court that he will not marry again. The opposition father refused to interfere in the family court proceedings under the Guardian and Wards Act for the custody of the children and rejected the petition filed by the maternal grandfather.
The court has directed Additional Chief Justice, Family Court Mau to decide the case within three months. Justice Ajit Kumar has given this order on the petition of Ashok Pathak. However, the opposition counsel objected to the maintainability of the petition filed under Article 227 against the proceedings under Section 125 of the Guardian and Wards Act.
The petitioner said that his daughter was married to the opposition. Two children have been born. The daughter died. The children are living with their maternal grandfather. The children's father has filed an application in the family court for custody of the children. Regarding which a petition was filed. It was said that the opponent had got married for the second time. Therefore, he should not be given the custody of children. The court said that it is the responsibility of the petitioner to prove whether the opponent has married for the second time or not.