RUCHIKA BINDRA Vs. HARVINDER SINGH BINDRA

JUDGEMENT

(1.) By way of this petition under Article 227 of the Constitution of India, the petitioner has assailed an order dated 21st January, 2010 passed by learned Guardianship Judge whereby an application of the petitioner for grant of custody of the child to the petitioner during pendency of Guardianship Petition was dismissed.

(2.) The petitioner herein is the mother of the child and is living separately. It is an undisputed fact that the child Ms. Savneet Kaur was living with her father and was in custody of her father exclusively from August, 2008. The child was born on 17th September 2003. She was presently aged around six and a half years. The petitioner filed a guardianship petition claiming custody of this child. The learned trial court called the child and interviewed the child on two occasions between 16th December 2009 and 16th January 2010 and after interviewing the child the trial court came to conclusion that the child preferred to stay with her father. She appeared to be attached with her grandparents, with her father and with her aunt Ms. Jasmeen. She was also fond of daughter of her paternal uncle who was residing in the same locality. She had made some friends in the neighbourhood and she was attending school and was a student of First Standard in Bhatnagar Public School, Paschim Vihar, Delhi and her school was only five kms away from the residence of her father whereas resident of the petitioner herein was more than 25 kms from her school. It was observed that her father personally used to take care of her education. After these observations, the trial court came to conclusion that it would not be appropriate to disturb the custody of child during pendency of the proceedings and to remove the child from her familiar surroundings to a new one.

(3.) It is submitted by counsel for the petitioner that the since the child was a daughter and was of tender age, the Court should have not given importance to the preferences and faculties of the child but to the welfare of the child and the welfare of a girl child lies in living with her mother (petitioner). The mother would be in a better capacity to look after the girl child and therefore the custody of child should be handed over to the petitioner/mother.