BALJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BALJIT Kaur had filed the present petition under Section 226 of the Constitution of India seeking directions against he respondents specially for the release of the detenu Miss Harpreet Kaur who is a child of seven years and presently is in the custody of respondent Nos. 2 and 3 who are paternal grand father and mother of the ward. Baljit Kaur was married with Baldev Singh. Out of this wedlock Miss Harpreet Kaur was born. Baldev Singh died seven years ago and after his death Baljit Kaur has now remarried with Sohan Singh. The child is in the custody of Bachan Singh and Surjit Kaur. The petitioner is seeking custody of the child on the ground that she is natural guardian being mother of the child. The prayer of the petitioner has been opposed by respondent Nos. 2 and 3 on the ground that the welfare of the child demands that she should remain in the custody of respondent Nos. 2 and 3 specifically keeping in view the fact that the petitioner has remarried with Sohan Singh. I do not subscribe to the contention raised by the learned counsel for the respondent. No doubt welfare of the child is paramount consideration. But keeping in view the fact that Harpreet Kaur is tender child of seven years she should be handed over to the custody of her mother irrespective of the fact that she had remarried herself. If respondent Nos. 2 and 3 are still aggrieved with this order, it will always be open to them to make prayer to the appropriate guardian court for restoration of the custody of the ward and till such directions are passed or rejected custody of the child shall remain with the petitioner. Even respondent Nos. 2 and 3 can ask for the temporary custody of the child and such application shall be disposed expeditiously by the guardian court. Realising the fact that Bachan Singh and Surjit Kaur are none else but grand father and mother of the child, directions are given to the petitioner to allow access to respondent Nos. 2 and 3 so that they may be able to see the child and extend their love and affection if so desire. They can see the child on every Saturday and Sunday between 4 to 7 P.M.

(2.) THE child has been produced by the police in view of the directions dated 4.6.1999 passed by this court as on the previous date the child was not produced in spite of directions and service of the respondents. Lady Constable Kulwinder Kaur who has produced the child, is directed to hand over the custody of the child to her mother. Custody of the child has been entrusted to her mother in the open court.