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Hon'ble Saurabh Lavania,J.

In compliance of earlier order of this Court, appellant Sri Ram Shanker Misra, respondent Sri Satish Chandra Misra, minor children namely Ms. Gauri and Master Prakhar, are present before this Court.

Vide judgment and order dated 11.04.2018, the Principal Judge, Family Court, Sultanpur, decided two cases i.e. Civil Misc. Case No.72 of 2010 (Ram Naik Misra And Another Vs. Km. Gauri And Others) and Civil Misc. Case No.68 of 2009 (Satish Chandra Misra Vs. Ram Shanker Misra).

In both the above noted appeals the judgment and order dated 11.04.2018 has been challenged and as such both are being heard and decided by this judgment.

Heard, Sri Prabhat Kumar, learned Counsel for the appellant and Sri Ramakar Shukla, learned Counsel for the respondent.

Facts in brief of the present case, as per record, are that marriage between appellant no.2/Ram Shanker Misra and Moni Misra was solemnized in the year 2002 and out of the wedlock of appellant no.2 and Moni Misra , two children were born namely Ms. Gauri Misra and Mr. Prakhar Misra. Matrimonial relation between the appellant no.2/Ram Shanker Misra and Moni Misra has become strained and on  02.04.2007 Moni Misra tried to commit suicide and died on 09.04.2007 at K.G.M.C. Lucknow. Thereafter, father of Moni Misra i.e. Sri Satish Chandra Misra took the minor children in his custody. On 10.04.2007 Sri Satish Chandra Misra, lodged an F.I.R. under Sections 304B/498A and 3/4 Dowry Prohibition Act and on 17.5.2007 filed an application under Section 125 Cr.P.C. for maintenance of children. The appellant no.2/Ram Shanker Misra was taken into custody in relation to the FIR lodged by Sri Satish Chandra Misra and on 09.06.2011, the court below has acquitted the appellant Ram Shanker Misra. During the pendency of Criminal trial against the appellant(s), Sri Satish Chandra Misra (ukuk), maternal grandfather, filed a Civil Misc. Case No. 68 of 2009 under Guardian and Wards Act for appointing the guardian of minor children. The appellant nos. 1/Sri Ram Naik Misra(nknk) paternal grandfather, and appellant no.2, father of minor(s) Kr. Gauri and Master Prakhar, also filed a Civil Misc. Case No. 72 of 2010 for appointing the guardian of minor children namely Ms. Gauri Misra and Master Prakhar Misra. Thereafter, Principal Judge Family Court, Sultanpur clubbed both the cases together and decided by its order dated 11.04.2018, whereby allowing the Civil Misc. Case No. 68 of 2009 filed by Sri Satish Chandra Misra and directed that custody of minor children namely Ms. Gauri Misra and Master Prakhar Misra, be given to their maternal grand father (ukuk) Sri Satish Chandra Misra and dismissed the Civil Misc. Case No. 72 of 2010 filed by appellants.