BACHITTAR SINGH Vs. AMARJIT KAUR

JUDGEMENT

(1.) The instant appeal has been preferred by the paternal grand uncle and grand aunt of the minor child, Avdeep Kaur, against the order dated 21.07.2017 vide which an application filed by the respondent-Amarjit Kaur under Section 25 of Guardian and Wards Act, 1890 (for short 'the Act') for getting the custody and for being appointed as guardian of the person of minor child was allowed by the trial Court.

(2.) As per the averments made in the application before the Court below filed by the respondent-Amarjit Kaur (maternal grandmother of the minor child) her daughter Gagandeep Kaur (since deceased), mother of the minor child Avdeep Kaur, was married with Avtar Singh on 27.09.2009. Out of the said wedlock, minor child Avdeep Kaur was born on 27.04.2011. It was averred by the respondent that her daughter Gagandeep Kaur had been killed by her husband and other members of his family for which a criminal case bearing FIR No.208 dated 02.09.2013 under Section 304-B and 120-B IPC was registered against them. She pleaded that being the maternal grandmother of the minor child and being the nearest relative of the child, she should be handed over the custody of the child more so as the father, grand mother, paternal aunts and paternal uncle were in judicial custody and facing trial for the murder of the minor child's mother. Thus, there was no male or female member in the house to take care of the child. She also alleged that on 03.09.2013 when the respondent alongwith her husband and others were present at village Hassanpur i.e. the village of Avtar Singh, a day after the lodging of the aforementioned criminal case, the appellants took the minor child forcibly from her custody and despite her continuous and persistent efforts, the minor child was not returned to her nor was she allowed to meet her. The respondent pleaded that since she had sufficient means she would be able to not only maintain the minor child but provide her with good education, as well as love and affection too. She further alleged that the minor, Avdeep Kaur, was being neglected while living with her father's uncle and aunt, who on account of the aforementioned criminal case registered against the members of their family, were inimical towards her.

(3.) Per contra, the appellants in their reply filed before the Court below refuted and denied the allegations of the respondent that the child was not being treated well inter alia submitting that the custody of the minor child had been handed over to them by Avtar Singh, father of the minor girl, when the police had come to arrest him in a false case, which had been foisted on him at the behest of the respondent and her husband. They further contended that Avtar Singh, who was their nephew had been brought up as their own child and educated by them ever since the death of his father.