Full Judgment
CWP No.10108 of 2013 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.10108 of 2013 (O&M) Date of Decision:24.05.2013 Chanchala Rani ....Petitioner Versus Union of India and another ....Respondents CORAM:- HON'BLE Mr.JUSTICE RAJIV NARAIN RAINA Present: Mr.Surinder Thakur, Advocate for the petitioner.
Mr.Rohit Kapoor, Advocate for respondent No.2.
Mr.Anil Malhotra, Amicus Curiae.”
1. To be referred to the Reporters or not?.”
2. Whether the judgment should be reported in the Digest?.
RAJIV NARAIN RAINA, J.
(Oral) This petition has been filed with a prayer for issuance of a passport to Muskan, a Class-7 student who lost her parents when very young and is being brought up by her grand-mother who is the petitioner and legal guardian seeking directions to the Regional Passport Officer to urgently address the request for grant of a passport to enable the grandmother to accompany the child to relatives abroad with a view to settle her there for her future education and in her best interest.
This Court is informed that a petition under Section 7 of the Guardian and Wards Act, 1890 filed by the petitioner is pending in the Court of MRS.Lukhvinder Kaur, PCS, Civil Judge (Sr.Division).Hoshiarpur and is fixed for producing the entire ex parte evidence of the petitioner on the next date of hearing.
The proceedings are against the General Public which are likely to go uncontested but are pending for about CWP No.10108 of 2013 (O&M) -2- a year causing delay in the rehabilitation plan for the child by her natural grandmother in the home of a close blood relative living abroad.
Learned counsel for the petitioner submits that his client would file an affidavit by way of ex parte evidence on the next date and since the General Public is the defendant and duly notified, the learned trial Court may be directed to expedite the matter and render final decision within as short a time as possible and preferably within one month from the date of tendering of evidence by way of affidavit.
In the special circumstances it is found just and expedient to grant the prayer by directing that in case an application is filed on or before the next date under Section 26 of the Guardian and Wards Act requesting permission to take the minot child out of the country, the learned trial Court would consider and dispose of that application expeditiously along with the main case preferably within one month from filing of such application after following due process in accordance with law.
Thereafter, it is directed in advance that the Regional Passport Officer when seized of the passport application complete in all respects would act promptly as it would do in such cases in accordance with the final orders as may be passed by the Civil Court and presented to it and to issue as soon as possible, keeping in view the best interests of the girl child and to save further loss of time, a passport to Muskan on completion of all formalities.
The petition stands disposed of accordingly with the above directions.
(RAJIV NARAIN RAINA) JUDGE 24 05.2013 rajeev