BALBIR SINGH Vs. HARNEK SINGH AND ANOTHER

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) Balbir Singh-appellant is the grand father of minor Harmandeep Kaur. He filed a petition in the Court of learned Guardian Judge, Ludhiana on 03.01.2000 seeking custody of the minor Harmandeep Kaur from the respondents, who are the maternal grand father and mother respectively of the minor Harmandeep Kaur. Swaran Singh son of the appellant was married to Karamjit Kaur (respondent No.2). After the death of Swaran Singh, Karamjit Kaur (respondent No.2) solemnized her second marriage with Jagdev Singh son of Nanjo @ Nand Singh. The appellant alleged that the respondents No.1 and 2 were unable to bring up the minor Harmandeep Kaur, as they had very little resources. The welfare of the minor Harmandeep Kaur lay with him and her custody be given to the appellant. He had good earning from agriculture land and had also deposited an amount of Rs. 50,000/-in the name of the minor Harmandeep Kaur in the State Bank of Patiala, Branch Jalaldiwal. Karamjit Kaur (respondent No.2), it was alleged, had abandoned the minor Harmandeep Kaur and was enjoying her second marriage. She had not taken care to bring up the minor Harmandeep Kaur whereas Harnek Singh (respondent No.1) was unable to bring up the minor Harmandeep Kaur in a proper manner due to insufficiency of funds; besides, he was alone and had lost his wife and a girl child could be better looked after by her grand parents whose financial condition was better. The appellant requested the respondents to hand over the custody of the minor Harmandeep Kaur to him on 20.12.1999 at village Kalal Majra but he refused. Therefore, he filed the present petition.

(3.) Upon notice, respondents filed their reply raising objections to the jurisdiction of the Court; besides, it was submitted that the petition was false and frivolous and was liable to be dismissed. The appellant had no locus-standi to file the petition. It was also submitted that the appellant was not the legal guardian of the minor; besides, as per compromise custody of the minor Harmandeep Kaur was given to Karamjit Kaur (respondent No.2). The second marriage of Karamjit Kaur (respondent No.2) was admitted. It was submitted that the minor Harmandeep Kaur was living with her mother at village Kaunke Kalan and she had brought up the minor. It was denied that according to the compromise Rs. 50,000/-has been paid. In the absence of Karamjit Kaur (respondent No.2), Harnek Singhrespondent No.1 used to help in looking after the minor. The other allegations were denied.