KHEM SINGH Vs. CHIRANJIV SINGH

JUDGEMENT

(1.) This appeal is directed against the order of Civil Judge (Senior Division), Ambala, exercising the powers of Guardian Judge, dated 19.3.2010, vide which a petition filed under Section 10 of the Guardians and Wards Act, 1890 for the custody of minor son, Harmit Singh alias Samar, aged about 8 1/2 years has been allowed with a following direction :-

(2.) Appellant is the maternal grand father of the minor, whereas respondent is the natural father. Mother of the minor, namely Manjit Kaur committed suicide on 06.6.2004. It is alleged by the natural father that at the time of mutual divorce, his deceased wife had agreed to give the minor child to him but after her death, the appellant herein had retained the custody of the minor child. On the other hand, the appellant had pleaded that his daughter Manjit Kaur was maltreated due to inadequacy of dowry which compelled her to leave her matrimonial home and was forced to live with her parents at Ambala Cantt. It was denied that Manjit Kaur deceased had agreed to hand over the custody of the minor child to her husband at the time of mutual divorce.

(3.) Both the parties led their respective evidence.