HARDEEP KUMAR SHARMA Vs. MADAN GOPAL SHARMA

JUDGEMENT

(1.) ORDER passed by learned Additional Civil Judge (Senior Division), Nabha on 28.2.2008, while allowing the application of the respondent for interim custody of minor has been challenged by the petitioners by filing the present revision under Article 227 of the Constitution of India.

(2.) THE respondent was married to Smt. Shashi Kiran on 28.4.1999. From this wedlock, one son was born on 30.7.2000. At the time of delivery of the second child, namely, Sneha, Smt. Shashi Kiran died on 25.7.2004.

(3.) THE stand of the petitioners was that the wife of the respondent had died at d the time of giving birth to minor Sneha and the said child was given in adoption by the respondent to them. They were real maternal uncle and maternal aunt of the child. The respondent had refused to take responsibility of the child after the death of his wife Smt. Shashi Kiran. Since he had already abandoned his rights as father, he was not entitled for custody of the minor child and also for her interim custody.