NICHOLAS JOHN ADDINGTON Vs. BARNARD

JUDGEMENT

(1.) Challenge in this appeal is to the order passed by the Guardian Judge, Chandigarh, dated 27.5.2009, whereby an application filed by the Appellants under Section 8 of Guardian and Wards Act, 1890, (for short, the "Act"), was dismissed and also an order dated 30.11.2009, whereby an application filed under Section 47 of Code of Civil Procedure, 1908 (for short, " Code of Code of Civil Procedure ") for review of the order dated 27.5.2009 was rejected.

(2.) A few skeletal facts are necessary to unfold the controversy between the parties. On 19.11.2006, Respondent No. 1, who was unmarried, gave birth to a female child in The Christian Hospital at Jagadhri. When the child was seven days' old, she left the child in the custody of the Appellants after executing a relinquishment deed dated 18.12.2006 alleging that she is an unwed mother whose husband had left her in lurch is unable to bring up the child. All that had been done was out of shame as the birth of a child by an unwed mother is looked down upon the society.

(3.) The Appellants then filed an application under Section 8 of the Act for their appointment as legal guardian of the female child. They impleaded mother of the child as Respondent No. 1 and General Public as Respondent No. 2. Respondent No. 1 filed her admitting written statement to the application in which she had categorically alleged about her incapacity to rear the child and also about the relinquishment deed, in para Nos. 3 and 6, which reads as under: