High Court of Punjab and HaryanaFAO/6945/2010dismissed

Kulwinder Kaur v. Sham Lal And ANR.

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

FAO-6945-2010 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH FAO-6945-2010 Date of decision: 03.08.2022 Kulwinder Kaur ..... Appellant

Versus

Sham Lal and another ..... Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI HON'BLE MR. JUSTICE ASHOK KUMAR VERMA PRESENT: None for the appellant.

Mr. Rajbir Wasu, Advocate for the respondents. RITU BAHRI, J. (ORAL) Appellant-Kulwinder Kaur, has filed the present appeal against the order dated 29.04.2010 passed by the learned Guardian Judge, Jalandhar, whereby her petition under Sections 7 and 25 of the Guardian and Wards Act, 1890, for declaring the appellant as guardian of minor female child namely, Jaspreet, born on 25.08.2005 and for handing over her custody was dismissed.

The impugned order was passed keeping in view the fact that the child was born on 25.08.2005 and she was too young to call her in Court to know her wishes. She was residing with her grandparents and was deeply attached with them as observed during the meeting rights. Custody of the minor child had been handed over to grandparents by the appellant in terms of compromise Ex. D-1 effected between them and this fact had been admitted by the appellant in her cross-examination that RISHU KATARIA 2022.08.06 15:13 I attest to the accuracy and authenticity of this document

FAO-6945-2010 -2Panchayat of two villages was convened and FDR of Rs.20,000/- had been handed over to her on 30.03.2008 in the Panchayat. She also admitted that Baldev Raj and Balbir Kaur, are residents of her village and they have signed the compromise Ex. D-1. As on today, minor childJaspreet, who was born on 25.08.2005 is aged about 17 years and will attain majority in August, 2023. She was staying happily with her grandparents since her childhood, therefore, no case is made out to entertain this appeal.

Dismissed.

( RITU BAHRI ) JUDGE August 03, 2022 ( ASHOK KUMAR VERMA ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2022.08.06 15:13 I attest to the accuracy and authenticity of this document