AMRIT PAL SINGH Vs. JASMIT KAUR

JUDGEMENT

(1.) CM (M) 527/2005 is directed against the order dated 15.3.2006 of the Guardian Judge, Delhi in Guardianship Petition No. 97/2004, whereby the learned judge disposed of an application moved under Section 27 of the Guardians and Wards Act along with the main petition under Sections 6 and 25 of the Guardians and Wards Act, handing over the custody of both children of the family, to the mother/respondent herein.

(2.) Brief facts of the cases as noted down by the Guardian Judge, Delhi are as follows:

(3.) Learned Counsel for the petitioner submits that the Courts in Delhi had no inherent jurisdiction since there is a bar in Section 9 of the Guardians and Wards Act. She also contends that the mother is a natural guardian only after the father and, therefore, custody of the children could not be given to the mother during the lifetime of father of the children. She also contends that the father is the earning member of the family and would be in a better position to take care of the needs of the children including their education and welfare.