PINKI Vs. ABHEY SINGH

JUDGEMENT

(1.) ABHEY Singh filed a petition under Sections 7 and 10 of the Guardian and Wards Act, 1890, read with Section 6 (a) of the Hindu Minority and Guardianship Act, 1956, seeking guardianship of a female child named Teeru born on 18. 11. 1985 to his former wife Smt. Pinki, now wife of one Om Parkash.

(2.) BRIEF facts of the case are that marriage between Abhey Singh and Smt. Pinki was solemnized on 16. 11. 1983 and out of the wed-Iock a female child was born on 18. 11. 1985. However, the marriage was dissolved by a decree of divorce dated 3. 5. 1987. After the dissolution of the marriage, Smt. Pinki contacted second marriage with Om Parkash. Thereafter Abhey Singh filed a petition under Sections 7 and 10 of the Guardian and Wards Act at Gurgaon. The Guardian Court accepted the petition filed by Abhey Singh and he was declared guardian of his minor daughter Teeru alias Jyotika, vide judgment dated 4. 8. 1992. Smt. Pinki has filed the present appeal against the judgment of Additional District Judge, Gurgaon for setting aside the same.

(3.) SHRI Arun Jain, Advocate, appearing for the respondents, who has been declared the guardian of the child, has argued that since the marriage has been dissolved between the parties and the lady has re-married, the interest of the child could be looked after only by her father. Mr. Jain argued that no fault could be found with the judgment of the Additional District Judge.