MOHINDER SINGH Vs. CHANAN SINGH

JUDGEMENT

(1.) GURNAM Singh and Gurdip Kaur were married in or about the year 1978. Two sons were born to them. In June, 1983, Gurnam Singh unfortunately passed away. The widow Gurdip Kaur left the house of her husband and started staying with her father Chanan Singh. On May 15, 1987, she got married to Pritam Singh. About a year later, Mohinder Singh, the paternal grandfather filed a petition under section 25 of the Guardians and Wards Act for the custody of his two grandsons Gursharan Singh and Gurjinder Singh who were 7 years and 5-1/2 years old, respectively at that time. The trial Court framed the following two issues :- 1. Whether it is in the interest and for the welfare of the minors to hand over their custody to the applicant ? OPA

(2.) RELIEF . 2. After examination of the evidence, the Court came to a positive finding that respondent Chanan Singh had only 17 kanals of land. He was having a large family of four sons and four married daughters. On account of his liabilities, he did not have the means to take care of the two children. As against this, Mohinder Singh, the paternal grandfather, was living jointly with his four brothers. The wives of his brothers were also staying in the same premises. The five brothers had a joint holding of about 25 acres. He had no other liability. In this situation, it came to the conclusion that it would be in the interest of the minor children to stay with Mohinder Singh, their paternal grandfather, instead of Chanan Singh, maternal grandfather. Accordingly, he accepted the application.

(3.) MR . I.P.S. Doabia, learned Counsel for the appellant, has contended that the findings recorded by the learned Single Judge are totally contrary to the evidence on record. There is not even a suggestion of the kind that the paternal grandfather was a man of loose habits so as to be unable to take care of his grandsons. On the other hand, Mr. K.S. Grewal, learned Counsel for the respondents, has contended that there is no lady in the house of appellant Mohinder Singh who may be in a position to cook food, wash clothes and take care of the two children.