Gurdial Singh vs General Public

N.C. Jain, J.—This is an appeal against the judgment of the Senior Sub-Judge, Sangrur, dated 31.8.1989, dismissing the application of the appellant u/s 7 of the Guardian and Wards Act, in which it was prayed that he be given the custody of his grand-daughter Rupinder Preet Kaur, minor daughter of Hari Singh. In pursuance of the filing of the application before the Senior Sub-Judge, Sangrur, the daughter before the Senior Sub-Judge, Sangrur, the daughter of the appellant i.e. Paramjit Kaur appeared in Court and stated that Rupinder Preet Kaur was given birth by her from the loins of Hari Singh. She further stated that she was suffering from Tuberculosis and was not in a position to look after the minor girl and that the custody be given to the appellant, whohappens to be the maternal grand-father of the minor girl.

The application was contested by Gurnam Kaur, mother of Hari Singh who denied relationship of Paramjit Kaur with her son. She also denied that there was any marriage between Paramjit Kaur and her son Hari Singh. She also denied the birth of daughter.

The Senior Subordinate Judge found that Paramjit Kaur was never married to Hari Singh and therefore, there was no question of his be-queathing any property in favour of his daughter Rupinder PreeJ Kaur. Since the original Will was not produced and its loss was also not proved to the satisfaction of the Court, the trial Court neither gave the custody of the minor girl to the appellant nor any finding was recorded on the point of Will in favour of Rupinder Preet Kaur.

The appellant who was represented through Mr. Puran Chand, Advocate, has appeared in person and submitted before me that his counsel is lying ill and that he may be heard personally. The appellant as well as learned counsel for the respondents have been heard.

After hearing the appellant and the learned counsel for the respondents, I am of the view that the custody of the minor could not be declined to the appellant. Paramjit Kaur did not contest the application of the appellant, rather she stated that Rupinder Preet Kaur was born to her from the loins of Hari Singh and that she being a patient of Tuberculosis is unable to look after the minor child and that the custody be given to maternal grand-father of the minor. The only contestant Gurnam Kaur, mother of Hari Singh denied the factual of marriage of his son with Paramjit Kaur. She went to the extent of denying the birth of the minor girl and in view thereof, the Senior Subordinate judge, should not have declined the custody of the minor to the appellant. During the course of arguments even the learned counsel for Gurnam Kaur, respondent, conceded before me that custody of minor be given to the appellant. The appellant submitted before me that he would be contended with the custody of Rupinder Preet Kaur minor and that the question of inheritance of property by the grand-daughter would be fought in separate litigation. Learned counsel for Gurnam Kaur submitted that the Senior Subordinate Judge should not have gone into the question of inheritance which could better be decided in a separate suit.

On the aforementioned premises, this Court is of the considered view that this appeal deserves to be allowed to the extent that the appellant would be held entitled to the grant of custody of the minor girl Rupinder Preet Kaur. It is further ordered that question of inheritance of the property would be gone into in some other litigation which may or may not be fought by the parties in future. The grant of custody of the child would not by any stretch of imagination mean that the appellant has been held entitled to the grant of any right in the management of the property of Hari Singh which would be gone into by a Court of competent jurisdiction.

For the reasons recorded above, this appeal is allowed. The order of the Senior Subordinate Judge, Sangrur, dated 31.8.1989 is set aside to the extent indicated above. The appellant is granted the custody of the minor child-Rupinder Preet Kaur. He will be entitled to look after the entire litigation which may be pending between Rupinder Preet Kaur, Gurnam Kaur and other heirs of Hari Singh. The parties would bear their own costs throughout.