S.S.NIJJAR, J. - (1.) HEARD counsel for the parties at length. The matter concerns the custody of two minor children of the petitioner. The wife of the petitioner, according to him, died by accidentally taking poison. On the other hand, it is the case of the respondents who are maternal grandparents of the children that the wife of the petitioner was killed by administering position to her. It has also come on record that no post-mortem examination was conducted at the behest of the grandparents. There is a dispute as to whether the petitioner had agreed to make lump sum payments to the grandparents to enable them to look after the minor children. It is the case of the petitioner that there is no such agreement. It is also the case of the petitioner that he is ready and willing to hand over the property to his minor children.
(2.) LEARNED counsel for the petitioner has vehemently argued that in the absence of the mother, the natural guardian of the children is the surviving parent. There is no dispute with this well accepted legal proposition. However, in view of the disputed facts, it will not be possible for this Court to decide the question of custody while exercising its jurisdiction under Section 482 of the Code of Criminal Procedure read with Article 226 of the Constitution of India. These are matters best left to be decided by the Courts of appropriate jurisdiction. This court would only give directions where the facts are admitted.
(3.) IN view of the above, the parties are relegated to the District and Sessions Judge, Patiala, who after investigating the matter will hand over the custody of the children to the parties found to be most suitable. Needless to say that the interest of the children is paramount while deciding the question of custody. Therefore, as an interim measure, the District and Sessions Judge is directed to interview the children at the earliest and take decision of interim custody of the children after taking into consideration the relevant circumstances and the wishes expressed by the children. The District and Sessions Judge, Patiala, may if necessary assign the matter to any other judicial officer for expeditious disposal of the entire proceedings. The District and Sessions Judge is also directed to ensure that the matter be finally decided within a period of three months of the receipt of copy of this order. Order accordingly.;