In this appeal against the dismissal of a custody petition under the Hindu Minority and Guardianship Act, the High Court held that the present proceeding became infructuous because the children involved had attained the age of majority by the time of the decision.
The appeal was dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
FAO No.2781 of 1998
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO No.2781 of 1998 Date of decision: 07.08.2013
Shinder Kaur
.....Appellant
versus
Bhago .... Respondent
CORAM : HON’BLE MR. JUSTICE S.S.SARON HON’BLE MR. JUSTICE S.P.BANGARH
Present: None for the parties.
S.S. SARON, J.
The appeal has been filed by Shinder Kaur (appellant) against the judgment and order dated 24.09.1998 passed by the learned Civil Judge (Senior Division)-cum-Guardian Judge, Faridkot whereby the petition filed by her under the Hindu Minority and Guardianship Act for custody of her minor daughter namely Rani has been dismissed.
The appellant-Shinder Kaur was married with Satnam Singh about 6 ½ years earlier to the filing of the petition, which was filed on 02.05.1996. From their marriage, they had two children namely Rani (daughter) and Sarabjit (son) who were 5 ½ years and 4 years old at the time of filing the petition. Satnam Singh husband of the appellant died about four years earlier to the filing of the petition. After that Bhago (respondent) mother of Satnam Singh and mother-in-law of Amit Kaundalthe appellant turned out the appellant along with her son Sarabjit 2013.08.22 12:17 I attest to the accuracy and integrity of this document Chandigarh
FAO No.2781 of 1998
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from her house but she retained Rani. The appellant being real mother and natural guardian of Rani had sought her custody.
The learned Civil Judge (Senior Division)-cum-Guardian Judge, Faridkot after considering the evidence and material on record dismissed the petition and also dismissed the counter claim filed by Bhago (respondent) for the custody of Sarabjit Singh. Aggrieved against the order of the Guardian Judge, Shinder Kaur (appellant) has filed the present appeal.
As already noticed that the minor Rani (daughter) and Sarabjit (son) were 5 ½ years and 4 years old at the time of filing the petition i.e. on 02.05.1996, therefore, by now they have attained the age of majority. As such, it is for them to live wherever they want. In the circumstances, the present appeal has been rendered infructuous as the minors have attained the age of majority.
Accordingly, the appeal is dismissed as having been rendered infructuous.
(S.S. SARON) JUDGE
(S.P. BANGARH) JUDGE
07.08.2013 A.Kaundal
Amit Kaundal 2013.08.22 12:17 I attest to the accuracy and integrity of this document Chandigarh
2 issues framed by the court
Whether the appeal in custody proceedings is maintainable after the children have attained majority.
Whether the issue can be decided by the court as the present appeal has become infructuous.
Shinder Kaur
Bhago
S.S. SARON
S.P. BANGARH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
