LAWS(ALL)-1990-5-29

DHANINDER KUMAR Vs. DEEP CHAND

Decided On May 22, 1990
DHANINDER KUMAR Appellant
V/S
DEEP CHAND Respondents

JUDGEMENT

(1.) THIS appeal, under Section 47 of the Guardian and Wards Act, 1890, has arisen from dispute between maternal and paternal grand fathers of minor Nikhil Kumar. The lower court has preferred the grand father of minor Nikhil Kumar. The lower court has paternal grand father and has appointed him guardian of the minor. Maternal grand father has, therefore, preferred this appeal. ,

(2.) FACTS are that Vineeta daughter of appellant Dhaninder Kumar, resident of Saharanpur in U.P., was married with Rakesh Kumar, youngest son of respondent Deep Chand, resident of Jagadhari. previously district Ambala, now an independent district in Haryana, on 20th February, 1984. The wedlock was blessed with son Nikhil Kumar who was born on 29th December, 1984 Poor child lost his father Rakesh Kumar on 26th March, 1985. After a short time of the death of Rakesh Kumar Vineeta along with her child in lap went to her father's house and started living there. The child become poorer by losing his mother on 27th February, 1986. It is not disputed that after the death of his mother the child was retained by his maternal grand father Dhaninder Kumar.

(3.) THEN Dhaninder Kumar filed counter affidavit and Deep Chand filed rejoinder affidavit. In counter affidavit Dhaninder Kumar brought out the story that he can very well look after the minor and has means. According to him in his life time Rakesh Kumar separated from his father He remained ill for long time and all the money and valuables were consumed in his treatment. He further asserted that the inlaws of Vineeta were very harsh to her. They never bothered about her or the minor. Tin re was rejoinder affidavit by Deep Chand ft may be noted that both paternal grand father and maternal grand father filed two affidavits each. They filed some documentary evidence also. THEN the parties did not adduce any evidence On 27th November. 1987 it was recorded in the order sheet of the lower court that the parties did not want to adduce any further evidence. Hence, the learned lower court closed evidence and fixed the case for hearing.