AMANDEEP SHARMA AND ORS. Vs. SHWETA SHARMA PATHAK

JUDGEMENT

(1.) The petitioners are aggrieved against the order dated 28.01.2015 whereby application filed by the respondent for placing on record declaration under Section 10(3) of the Guardian and Wards Act, 1890 (here-in-after referred to as the "Act") was allowed and application filed by the petitioners for dismissal of the petition filed by the respondent under Section 25 of the Act, being not maintainable for want of declaration, has been dismissed.

(2.) In brief, the respondent filed the petition under Section 25 of the Act for declaring her as a natural guardian of minor female child Harshil Sharma and minor male child Yuvraj Sharma and for her entitlement to their custody. It was averred in the petition that female child Harshil was born on 22.09.2008 and male child Yuvraj was born on 18.06.2012 and are presently residing at House No.67-B, Model Town, Patiala. She is the mother of the minor children and is presently residing at Mandi Gobindgarh, District Fatehgarh Sahib. The petition was contested by the petitioners who happen to be the husband and parents-in-law of the respondent. During the pendency of the petition, the respondent filed an application for placing on record declaration, as required under Section 10(3) of the Act, and the petitioners filed an application for dismissal of the original petition filed under Section 25 of the Act on the ground that the respondent had not complied with the provisions of Section 10(3) of the Act which requires a declaration of her willingness, duly witnessed by two witnesses, to act as a guardian of the minors.

(3.) The trial Court allowed the application of the respondent and dismissed the application of the petitioners and hence, the present revision petition.