BIMLA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONER , being the sister of the mother of Master Ramesh, who is alleged to be minor, has filed the present writ petition before this Court and has prayed that necessary directions be passed enabling the said minor child -ward to have education and enjoy all the fundamental rights to which the minor child is entitled to in terms of the Constitution of India and also to draw action against respondents No. 3 to 5, as the law warrants, for violation of the fundamental rights of the minor child.

(2.) NOTICES were issued on 5th June, 2014; petitioner was allowed to retain the custody of the minor child -ward till the next date of hearing, i.e. 3rd July, 2014 and respondent No. 2 - Deputy Commissioner, Shimla, was asked to provide aid to the said child -ward as per the Rules occupying the field and also to explore the possibility of providing education to the said child -ward in a school.

(3.) THE minor child -ward is present in Court. We have an interaction with him and are of the considered view that he is old enough to form an intelligent preference in terms of Section 17(3) of the Guardians and Wards Act, 1890 (hereinafter referred to as "the Act"). He has made a statement that he wants to settle with his parents.