UDHAM DEVI Vs. TRIPTA

JUDGEMENT

(1.) HERE this Court in its parens patriae jurisdiction is confronted with a problemetic case of a child who assumes herself to be orphan and is yet not an orphan. Facts giving rise there to are these.

(2.) MADAN Mohan Rattan, by profession a homeopath doctor, took in adoption his sister's daughter, the present child, named Kamini. He had just about the same time divorced his wife. The child grew up in the knowledge of her adoptive father but either in a state of oblivion of her blood relatives or in a state of hostility towards them, which is not clear. She is now about 15 years of age. Madan Mohan Rattan died on 9th June, 1984 while living at House No. 2002, Sector 20, Chandigarh as a tenant with Smt. Tripta respondent and her husband Mangat Ram co-respondent. Statedly, he left behind House No. 2002, Sector 20, Chandigarh to be inherited by the child as also some household articles and perhaps some cash in his saving accounts. Madan Mohan Rattan has a mother Udham Devi, the petitioner herein as also two brothers Manmohan Rattan and Surinder Mohan Rattan, of course, a sister as well by the name of Kamlesh, who is the natural mother of the minor. The natural father Of the minor, Ram Labhaya, too is alive. Most of these people have laid their claim to the custody of the minor as also for her guardianship and her property.

(3.) THE other step which I took was to have a report from the psychiatrist of the Post Graduate Institute of Medical Education and Research, Chandigarh. A preliminary report has come. There is nothing to indicate any emotional or mental problems in the child. Rather, it is said that she was able to give a good account of her present situation and problems. Though the report is preliminary in nature, it gives sufficient handle to dispose of the matter in hand. The child can no longer continue to he kept in the interim guardianship of the President of the Bar Association Shri D. V. Sehgal, Senior Advocate, who in keeping up with the glorious traditions of the bar readily helped this Court in keeping the minor with him for over a fortnight and arranged for her being taken to the P.G.I. for examination by the Psychiatrist. This Court places its appreciation on the record for the help rendered by Shri Sehgal.