In an appeal against an order granting custody of a minor to the maternal grandmother, the High Court held the appeal infructuous because the minor child had attained the age of majority, thereby negating any question of custody.
The appeal dismissed as infructuous due to the minor having attained majority.
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.893 of 1998
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO No.893 of 1998 Date of decision: 07.08.2013
Smt. Rajni .....Appellant
versus
Smt. Gomi Devi and others
.... Respondents
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 appellant-Smt. Rajni has filed this appeal against the judgment and order dated 28.02.1998 passed by the learned Civil Judge (Senior Division), Jagadhri whereby the petition of Smt. Gomi Devi (respondent No.1) under the Hindu Minority and Guardianship Act, 1956 read with Guardians and Wards Act 1890 directing the appellant to hand over the custody of the minor child namely Hemant Kumar alias Umang son of the deceased Virender Singh to her and her appointment as guardian has been allowed.
Virender Singh (deceased) son of Gomi Devi (respondent No.1) was married with Rajni (appellant) in 1987. From the marriage, they had a son namely Hemant Kumar alias Umang who as per copy of the passport on record was born on 27.08.1989. Virender Singh (deceased) was employed as a Chargeman Electricity Branch in Rail Coach Factory, Hussainpur, Distt.
FAO No.893 of 1998
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Kapurthala. He was earning Rs.2000/- per month. Rajni (appellant) was residing with Virender Singh and Smt. Gomi Devi (respondent No.1). Rajni (appellant) was dependent upon her husband Virender Singh. Unfortunately in an accident at Yamuna Nagar Jagadhri Road with a truck bearing No.HR-02-2649, Virender Singh died on 21.10.1990. After the demise of Virender Singh, the Rail Coach Factory, Hussainpur, Distt. Kapurthala (respondent No.2) paid an amount of Rs.35,901/- to Smt. Rajni (appellant) on account of Provident Fund, Gratuity and Insurance; besides, Rs.20,000/- was paid by the Employees Association of Rail Coach Factory, Hussainpur, Distt. Kapurthala. The amount was lying deposited in the State Bank of India, Jagadhri. Smt. Rajni (appellant) was also receiving pension of Rs.444/- per month from the Rail Coach Factory, Hussainpur, Distt. Kapurthala (respondent No.2); besides, other amounts were also being received. Rajni (appellant) had solemnized a second marriage with Mohan Lal on 10.11.1991. Mohan Lal already had two children and also had business in England. Therefore, Gomi Devi (respondent No.1) sought custody of her minor grandson Hemant Kumar alias Umang. The said prayer of Gomi Devi (respondent No.1) was allowed by the learned Civil Jduge (Senior Division), Jagadhri. Accordingly, Smt. Rajni (appellant) was directed to handover the minor child to Gomi Devi (respondent No.1) and she was appointed as guardian of the minor. Aggrieved against the same, Smt. Rajni has filed the present appeal. The appeal was admitted on 23.07.1988.
FAO No.893 of 1998
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As noticed, the date of birth of the minor Hemant Kumar alias Umang as per copy of the passport placed on record is 27.08.1989 and at present he has attained the age of majority. Therefore, it is for him to decide as where he wants to live and the question of his custody no longer survives. In the circumstances, the present appeal has been rendered infructuous as the minor has attained the age of majority.
Therefore, the appeal is dismissed as having been rendered
infructuous.
(S.S. SARON) JUDGE
(S.P. BANGARH) JUDGE
07.08.2013 A.Kaundal
2 issues framed by the court
Whether custody proceedings survive when the minor child has attained the age of majority.
Whether an appeal against a custody order is maintainable if the child is no longer a minor.
Smt. Rajni
Smt. Gomi Devi
Rail Coach Factory, Hussainpur
S.S. Saron
S.P. Bangarh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
