AJAI LAMBA, J. - (1.) THIS First Appeal against Order is directed against order dated 5.2.2007, passed by the Guardian Judge, Ludhiana.
(2.) RESPONDENT No. 1 Gurdip Singh, father of Harpreet Singh, filed on application under Section 25 of the Guardians and Wards Act, 1890 (for short 'the Act') praying for custody of the minor; namely Harpreet Singh, his son. Harpreet Singh was born on 5.7.1996. At the point in time when the application was filed, the minor was in the custody of his maternal grand parents; namely Rulda Singh (appellant) and Karnail Kaur (respondent No. 2). The grounds taken by respondent No. 1, in brief, were that he is the natural guardian and had the right to claim title of being a guardian and, therefore, was entitled to the custody of the minor. The maternal grand parents were aged persons.
(3.) THE application was opposed by the appellant and respondent No. 2 on the ground that Karamjit Kaur, mother of the minor, had been ill treated by respondent No. 1 and his relatives. No proper medical aid was given to her during her life time and, therefore, she had to be removed to her paternal home along with the minor. She, however, could not be cured and after prolonged illness died on 15.4.2001. Appellant and respondent No. 2 had been maintaining the minor who had been admitted to a good school. The appellant and respondent No. 2 had no son and only two married daughters, therefore, the minor could be given proper care.;