LAWS(P&H)-1988-5-101

KHAZAN SINGH Vs. SMT. PARKASH KAUR

Decided On May 25, 1988
KHAZAN SINGH Appellant
V/S
Smt. Parkash Kaur Respondents

JUDGEMENT

(1.) THE following pedigree -table would be useful is understanding the case.

(2.) GURBACHAN Singh resident of a village in district Patiala was married to Manjit Kaur, a resident of Shahbad Markanda in District Kurukshetra. In March, 1980, after six months of marriage, Gurbachan Singh shifted his residence to Shahbad Markanda. Satwinder Singh was born to them at Shahbad Markanda on 30.1.1982. On 30.1.1983 Gurbachan Singh died in a road accident. His widow Manjit Kaur minor son Satwinder Singh and his mother Smt. Parkash Kaur filed claim petition before the Motor Accident Claims Tribunal. While that claim petition was pending, Smt. Manjit Kaur died on 4.1.1984 and the claim application was continued by Satwinder Singh minor and Smt. Parkash Kaur, mother of the deceased. 2. The Motor Accident Claims Tribunal (for short 'the Tribunal'), awarded Rs. 13,600/ - to Smt. Parkash Kaur and Rs. 62,000/ - to Satwinder Singh minor. The minor's amount is lying deposited in the FDR and under the orders of the Court, out of the interest, Rs. 200/ - are being paid to Khazan Singh for the minor's maintenance.

(3.) SMT . Parkash Kaur filed application under Section 25 of the Guardian and Wards Act, 1890 (for short 'the Act') against Khazan Singh for the custody of the minor on the plea that she was the guardian being paternal grandmother. She pleaded that Khazan Singh may murder the minor out of greed as huge amount had been awarded in his favour.