RAJINDER KAUR @ RAJVINDER KAUR Vs. JAGMOHAN SINGH

JUDGEMENT

(1.) INSTANT civil revision has been filed under Article 227 of the Constitution of India for setting aside the order dated 02.07.2013 (Annexure P -1) passed by learned Additional Civil Judge (Sr. Divn.), Ellenabad whereby application filed by the petitioner -respondent under Order 7 Rule 11 read with Section 151 CPC has been dismissed. For the sake of convenience, the parties hereinafter will be referred as per their status in main petition.

(2.) SHORN of unnecessary details, the facts relevant for disposal of the present petition are to the effect that respondent filed petition under Section 7, 17 and 25 of the Guardian and Wards Act, 1890 (in short "the Act, 1890") read with Sections 6 and 13 of the Hindu Minority and Guardianship Act, 1956 for appointment/declaration of the petitioner as guardian of minor namely Gurvinder Singh alias Kaka as well for his property and for the custody of minor. It is averred in the petition that Gurmukh Singh -son of the petitioner and respondent lived together as husband and wife at village Himmatpura, Tehsil Rania, District Sirsa. One male child namely Gurvinder Singh @ Kala was born out of this wedlock on 03.06.2006. Unfortunately, Gurmukh Singh died on 19.01.2006 and now minor grand -son of the petitioner is living with the respondent. It is alleged that Gurmukh Singh had actually committed suicide, because the respondent used to harass and humiliate him and she created such a tense atmosphere that Gurmukh Singh developed depression and frustration and committed suicide. It is also alleged that at the time of death of Gurmukh Singh, the respondent was pregnant and she tried to abort the pregnancy, but the petitioner and his family members took care of and watched the respondent, so she could not abort the said pregnancy. However, the respondent succeeded in fleeing away from the house of the petitioner in April, 2006 in a pregnant condition and on 03.06.2006, she delivered minor -Gurvinder Singh alias Kaka in a hospital at Yamuna Nagar. Now the minor is residing with the respondent at Yamuna Nagar. It is alleged that the respondent has contracted second marriage and at present is living in Delhi.

(3.) I have heard learned counsel for the petitioner and perused the record.