RAJWANT KAUR Vs. BALWINDER SINGH

JUDGEMENT

(1.) CHALLENGE in the present appeal is to the impugned order dated 29.04.2011 passed by learned Guardian Judge, Amritsar whereby the petition under Section 25 of the Guardian and Wards Act, 1890 for the custody of the minor child - Harmanpreet Singh was dismissed.

(2.) THE appellant mother sought custody of her minor son namely - Harmanpreet Singh born on 8.12.2005. Learned trial Court has dismissed the petition as the appellant has not appeared as witness.

(3.) KEEPING in view the fact that the appellant -mother seeks custody of minor child, we deem it appropriate that such claim of the appellant should be decided after giving an opportunity to record evidence of the appellant. It will be in the interest of justice that such cases should be decided on merits. Keeping in view the said fact, order passed by Guardian Judge dated 29.04.2011 is set aside and the matter is remitted back to learned trial Court for deciding the petition under Section 25 of the Act in accordance with law after recording the evidence of the appellant herself and such other evidence which the appellant may deem fit and necessary to lead.