DHARAMBIR SINGH Vs. KARAMJIT KAUR

JUDGEMENT

(1.) Karamjit Kaur -respondent filed a petition before the District Judge, Kurukshetra under Section 7 of the Hindu Minority and Guardianship Act with enabling provisions under the Guardians and Wards Act, 1890 seeking custody of her minor daughter namely Parachi. The petition of the respondent was allowed by the Ld. Civil Judge (Senior Division), Kurukshetra, exercising the powers of District Judge, vide impugned order dated 21.08.2009. Aggrieved against the same, the appellant who is the grandfather of the minor Parachi has filed the present appeal.

(2.) THEREAFTER deliberations for amicably resolving the dispute between the parties were carried out in Court as well as by way of mediation proceedings. However, no fruitful results were achieved. On 23.05.2012, this Court ordered that in the meanwhile the custody of the minor child shall remain with the appellant. The appeal was admitted on 12.09.2012 in the presence of the counsel for the parties. At the time of admission of the appeal, learned counsel for the respondent had submitted that despite repeated letters written by him to the respondent, she was not responding. It was also ordered at that time of admission of the appeal that the appellant shall continue to retain custody of the minor child during pendency of the appeal.

(3.) IN any case, it may be noticed that Karamjit Kaur -respondent was married to Sewa Singh who was the son of appellant -Dharambir Singh. From the said marriage between Sewa Singh and Karamjit Kaur (respondent), they had a daughter namely Parachi, who was about 3 years old at the time of filing the petition by the respondent, which was filed on 07.06.2008. Sewa Singh son of appellant and husband of the respondent died in an accident on 26.07.2007. After the death of Sewa Singh, according to the respondent she was asked to leave her matrimonial house which fact was denied by the appellant. It was also stated by the appellant that he had no objection if the respondent -Karamjit Kaur resides in her matrimonial home and looks after the child and in case she does not want to live in her matrimonial home, she may meet the child whenever she wants. From the pleading of the parties, the following issues were framed on 18.05.2009: -