LAWS(P&H)-2015-5-325

HARSIMRANJIT SINGH TOOR Vs. GAGANPREET KAUR TOOR

Decided On May 26, 2015
Harsimranjit Singh Toor Appellant
V/S
Gaganpreet Kaur Toor Respondents

JUDGEMENT

(1.) THE parents of Harsimranjit Singh Toor (since deceased) who was the husband of respondent Gaganpreet Kaur Toor have challenged the appointment of respondent as guardian for the minor child and the custody of the minor child granted to the respondent herein in the suit filed by the respondent for the guardianship and custody claimed under Section 6 of the Hindu Minority and Guardianship Act, 1956.

(2.) SERIOUS allegation had been levelled by the respondent as against her husband who was alive at the time when the petition claiming the above reliefs was filed as against him. As his parents have figured as defendants in the suit resisting the above claim of the respondent after his demise, we are of the view that the allegations made by the respondent against her husband do not warrant detailed elaboration.

(3.) IN brief, the respondent herein in her suit under Section 6 of the Hindu Minority and Guardianship Act, 1956 has stated that she married Harsimranjit Singh Toor on 22.6.2007. Thereafter, the couple proceeded to Melbourne, Australia on 20.6.2008. They were blessed with a daughter, namely, Shubhani Toor on 15.12.2008. The respondent alleged that her husband was a drug addict. He failed to complete full tenure of drug and alcohol programme in Australia. He used to spent money on alcohol and drugs putting the respondent herein in a precarious position. Therefore, the child was sent to the parents of the husband for a little while to reduce the pressure on the respondent herein.