High Court of Punjab and HaryanaFAO/4944/2016dismissed

Ashok Kumar v. Bakshi Ram ANR

2022-08-03Ms. Justice Ritu Bahri,Mr. Justice Ashok Kumar Verma2 pages

FAO-4944-2016 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH FAO-4944-2016 Date of decision: 03.08.2022 Ashok Kumar ..... Appellant

Versus

Bakshi Ram and another ..... Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI HON'BLE MR. JUSTICE ASHOK KUMAR VERMA PRESENT: Appellant-Ashok Kumar, in person with Mr. Suveer Sheokand, Advocate.

Minor daughter-Jaspreet Kaur in person with Mr. Kartik Gupta, Advocate for respondent No. 1. RITU BAHRI, J. (ORAL) Appellant-Ashok Kumar, has come up in this appeal against the order dated 29.02.2016, passed by the learned Civil Judge (Senior Division), Hoshiarpur, whereby his petition filed under Section 25 of the Guardian and Wards Act, 1890, for taking the custody of minor children, namely; Jaspreet Kaur and Manpreet, was dismissed. Briefly stated, Asha Rani @ Ashi, daughter of respondentsBakshi Ram and Surinder Kaur (since deceased) was married to appellant-Ashok Kumar. Two children, namely, Jaspreet Kaur and Manpreet, were born out of this wedlock. Due to temperamental difference the relations of Asha Rani @ Ashi with the appellant were strained and the appellant used to beat and maltreat her during her life time. Unfortunately, Asha Rani @ Ashi, left for heavenly abode at the RISHU KATARIA 2022.09.27 12:18 I attest to the accuracy and authenticity of this document

FAO-4944-2016 -2time of birth of minor son-Manpreet. Both the children are brought up by their maternal grandparents since their childhood. Today, both the parties are present in Court. They were sent for counselling. Dr. Garima Sharma, Counsellor, has been appointed as Amicus, to assist this Court. After interacting with the parties she has submitted her report dated 03.08.2022 in the connected appeal i.e. FAO4828-2016. Office to tag a copy of the said report in this appeal as well. Keeping in view the observations made by Dr. Garima Sharma, Counsellor/Amicus, in her report (in FAO-4828-2016) and the fact that both the children, namely; Jaspreet Kaur and Manpreet are being brought up by their maternal grandparents since their childhood, no case is made out to hand over the custody of children to the father. The instant appeal stands dismissed.

( RITU BAHRI ) JUDGE August 03, 2022 ( ASHOK KUMAR VERMA ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2022.09.27 12:18 I attest to the accuracy and authenticity of this document