Full Judgment
FAO No.1306 of 1989 - 1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1306 of 1989 Date of decision :
11. 07.2013 Kirpal Singh .....Appellant versus Biro .....Respondent CORAM:HON'BLE Mr.JUSTICE S.S.SARON.
HON'BLE Mr.JUSTICE S.P.BANGARH.
Present : Mr.Anurag Chopra, Advocate for the appellant.
None for the respondent.
*** S.S.SARON, J.
The appeal has been filed by the appellant-Kirpal Singh against the judgment and decree dated 24.10.1989 passed by the learned Guardian Judge, Ferozepur, whereby, the petition of the appellant-Kirpal Singh for seeking the custody of his grand daughter namely Rajwinder Kaur, has been dismissed and it has been given to her mother namely Smt.
Biro (respondent).The appellant-Kirpal Singh filed a petition inter alia stating that his son Hakam Singh was married to Biro-respondent.
Hakam Singh died and at the time of his death, Biro-respondent was pregnant.
She had a daughter namely Rajwinder Kaur on 23.11.1985.
Appellant claiming himself as grand father of the minor, sought his appointment as guardian of the minot on the ground that Biro-respondent, mother of Rajwinder Kaur, had re-married with one Bansa Singh.
The said Bansa Singh was already Sunder Sham 2013.07.16 15:35 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh FAO No.1306 of 1989 - 2- having three children from his fiRs.marriage.
The petition was opposed by Biro-respondent.
She denied that she had solemnized a second marriage; besides, she pleaded that it was in the welfare of the minot that she remains in her custody.
The learned Guardian Judge framed the following issues:- 1.
Whether respondent No.2 has contracted second marriage with Bansa Singh son of Labh Singh of Dholewala Tehsil Zira District Ferozepur after the death of her husband Hakam Singh?.
OPA 2.
Whether the applicant is entitled to be appointed as guardian of the person and property of Rajwinder Kaur?.
OPA 3.
Relief.
After considering the evidence and material on record, the petition of the appellant-Kirpal Singh was dismissed.
As already noticed Rajwinder Kaur born on 23.11.1985 and by now, she has attained the age of majority.
Therefore, it is not for her to decide as to where she wants to live.
In view of the aforesaid position the present appeal has been rendered infructuous and is, accordingly dismissed as infructuous.
(S.S.SARON) JUDGE (S.P.BANGARH) July 11, 2013 JUDGE sham Sunder Sham 2013.07.16 15:35 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh