T.P.S.MANN,J - (1.) ORDER passed by learned Additional Civil Judge (Senior Division), Nabha on 28.2.2008, while allowing the application of the respondent for interim custody of minor has been challenged by the petitioners by filing the present revision under Article 227 of the Constitution of India.
(2.) THE respondent was married to Smt. Shashi Kiran on 28.4.1999. From this wedlock, one son was born on 30.7.2000. At the time of delivery of the second child, namely, Sneha, Smt. Shashi Kiran died on 25.7.2004. A petition under Section 25 of the Guardian and Wards Act, 1890 (for short. 'the Act') was filed by the respondent claiming therein that he was father and natural guardian of his minor daughter Sneha, who was in illegal custody of the petitioners, who are brother and wife, respectively, of his late wife Smt. Shashi Kiran. He sought the custody of his daughter Sneha. He also filed an application before the learned Court below asking for interim custody of his minor daughter on the ground that he, being father, would look after her in a better way.
(3.) THE stand of the petitioners was that the wife of the respondent had died at d the time of giving birth to minor Sneha and the said child was given in adoption by the respondent to them. They were real maternal uncle and maternal aunt of the child. The respondent had refused to take responsibility of the child after the death of his wife Smt. Shashi Kiran. Since he had already abandoned his rights as father, he was not entitled for custody of the minor child and also for her interim custody.;