SHAMSHER SINGH Vs. JASBIR KAUR

JUDGEMENT

(1.) This appeal has been preferred by Shri Shamsher Singh, great grandfather of the minor Satinder Pal Singh whose custody has been claimed by respondent Smt. Jasbir Kaur being her mother and natural guardian and granted as such by the learned Court below.

(2.) The brief facts of the case are that a petition under Section 6 of the Hindu Minority and Guardianship Act, 1956 read with Sections 7, 8 and 10 of the Guardian and Wards Act, 1890 was instituted by the respondent claiming custody of the minor. She pleaded that the minor Satinder Pal Singh was born on 16.2.2000 out of her wedlock with Jasdev Singh who died on 6.1.2000. She became a widow at a very young age and with the consent of the parents of her late husband Jastev Singh she remarried and out of that wedlock she has two children. The case pleaded is that in order to facilitate this marriage, the custody of the minor was handed over to the grandfather Kishan Singh for a short period for which purpose agreement Ex.RW-1/A was executed between the parties. It is undisputed before me that Shri Kishan Singh has since died and now the custody of the child is with the appellant who is his great grandfather who is more than eighty years of age. The mother claimed custody of the child inter alia on the ground that she is the natural mother; is in a better position to look after the interest of the child, to provide him good education and medical treatment required by the minor. It is also undisputed before me that surgical intervention was required for treating the minor which procedure had carried out at the Indira Gandhi Medical College and Hospital, Shimla on the directions of this Court.

(3.) The petition was resisted on a number of grounds by the respondent inter alia that Kishan Singh was in a better position to look after and protect the interest and welfare of the minor; the appellant had made no effort or attempt either to visit him or provide monetary or other assistance or look after his welfare. The learned trial Court on the evidence and on the interpretation of Ex./RW-1/A held that the mother had not abandoned the custody of the child and that she was the best person to look after his custody. The agreement Ex.RW-1/A was only transient to enable the appellant to resettle in life.