- (1.) This appeal is directed against the judgment of the Senior Subordinate Judge, Jind, under Section 7 of the Hindu Minority and Guardianship Act, 1956 (hereinafter referred to as the Act), directing the handing over of the minor to the custody of his mother Darshana Devi respondent from the custody of his grand-father Lal Chand appellant.
(2.) The facts of the case are that Darshana Devi respondent was the married wife of Ram Kanwar son of Lal Chand appellant. Darshana Devi gave birth to Des Raj, who at the time of the filing of the application was 2 years of age. Ram Kanwar is stated to have died in an accident. After this death for some time Darshana Devi-respondent continued living in her in-law's house with her father-in-law Lal Chand appellant. She was not given the appropriate treatment and ultimately was turned out after giving a beating. The minor child, Des Raj, as snatched from her by the appellant. After 10 days of her forcible eviction from the house of the appellant, she filed an application before the Senior Subordinate Judge, find, exercising the powers under the Act, for the restoration of Des Raj minor to her custody as in her view the welfare of the minor required such restoration.
(3.) The application was resisted by Lal Chand appellant mainly on the two grounds, namely, that Darshana Devi respondent had remarried with one Om Parkash of village Kasoon and that on the chhemahi ceremony performed after 6 months of the death of Ram Kanwar, she had of her own volition given the custody of the minor to him. The learned trial Judge tried the case on the following issues:- 1. Whether the petitioner is entitled to the custody of Des Raj ? OPP 2. Whether the appellant entered into second marriage with Om Parkash, if so to what effect ? OPR. 3. Whether the petitioner left Des Raj in the custody of Lal Chand respondent No. 2 of her own accord ? OPR. 4. Whether the application does not lie in the present form ? OPR. 5. Whether the petitioner has no locus standi to the the application ? OPR. 6 Relief. On examining the evidence and hearing the arguments, the learned Senior Subordinate Judge found that the remarriage of Darshana Devi respondent with Om Parkash of village Kasoon, was not proved. He also disagreed with the appellant's case of entrusting the child to him voluntarily by Darshana Devi. He therefore, accepting the application of Darshana Devi Respondent, directed the handing over of the custody of the child to her. Feeling aggrieved with this order Lal Chand appellant has come up in appeal.;