RAMESH BHARDWAJ Vs. RAM SARAN DASS

JUDGEMENT

(1.) -This petition has been directed against the order dated 9th February, 1998, passed by the Senior Sub Judge, Chandigarh. By this order, the learned trial court has dismissed the objection of the petitioner (who is respondent before the learned trial court) that the court has got no jurisdiction to try the petition.. Notice of this petition was issued to the respondent.

(2.) Briefly stated the facts of the case are that Ram Saran Dass (who is the respondent herein and is the father of the minors) was married with Renu daughter of Dharampal and from their wedlock, son namely Ritan and daughter namely Ritika were born on 25.1,1992 and 6.9.1994 respectively. The respondent with his members of his family was residing at H.No. 2849, Sector 40-C, Chandigarh. The wife of the respondent namely Renu died on 28.6.1996. The brother of the said Renu namely Ramesh Bhardwaj (petitioner herein) lodged an FIR in Police Station, Sector, 39, Chandigarh that death of said Renu was not natural death and thereafter the respondent was arrested, by the Chandigarh Police and a case was registered against him under Section 304-B IPC.

(3.) The petitioner filed Writ Petition No. 890 of 1996 in this case for the custody of the minor children to the petitioner on the ground that he was apprehending danger to the minor at the hands of mother, father and brother of the respondent.In the proceedings of the said writ petition, the parents of the respondent handed over the custody of minor children to the petitonet and stated that they were scared that they might not be involved on some criminal cases. Thereafer, the respondent was released on bail from jail on 29.11.1996 and after his release filed Cr. W.P. No. 1706 of 1996 for the custody of the children. The said writ petition was, however, dismissed with the observation that the petitioner (respondent in this petition) might avail of the remedy in the civil court under the provisions of the Guardian and Wards Act (hereinafter referred to as the Act). Thereafter, the respondent filed an application under Section 25 of the Act for the custody of the said minors.