Appeal by grandmother challenging order denying guardianship of her minor granddaughter. Court held appeal infructuous because the other minor granddaughter attained majority and custody of remaining minor is with mother.
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FAO No.952 of 2002
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO No.952 of 2002 Date of decision: 19.09.2013.
Smt. Karam Kaur
.....Appellant
versus
Smt. Surjit Kaur
.... Respondent
CORAM : HON’BLE MR. JUSTICE S.S.SARON HON’BLE MR. JUSTICE S.P.BANGARH
Present: Mr. Vijay Lath, Advocate for the appellant.
Mr. Gulshan Sharma, Advocate for the respondent.
S.S. SARON, J.
The appellant-Karam Kaur filed a petition under Sections 7, 10 and 25 of the Guardians and Wards Act, 1890 before the learned Guardian Judge, Rupnagar seeking her appointment as guardian of the persons and properties of her minor grand daughters namely Harpreet Kaur alias Kamalpreet Kaur and Gurpreet Kaur alias Jasbir Kaur. The petition of the appellant was partly allowed and she was appointed as guardian of the person and property of her minor grand daughter Gurpreet Kaur alias Jasbir Kaur only. However, her claim for appointment as guardian of the person and property of Harpreet
Amit KaundalKaur alias Kamalpreet Kaur was declined and her petition was 2013.10.04 17:14 I attest to the accuracy and integrity of this document Chandigarh
FAO No.952 of 2002
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dismissed to the said extent. The appellant Smt. Karam Kaur aggrieved against the said order to the extent that her petition had been declined has filed the present appeal assailing the order of the learned Guardian Judge, Rupnagar to the extent that her petition for appointment as guardian of the person and property as also custody of the Harpreet Kaur alias Kamalpreet Kaur has been declined. The said order of the Guardian Judge, it has been prayed is liable to be set aside to the said extent and her petition allowed in its entirety. The appeal was admitted on 24.05.2003.
The son of the appellant namely Harbhajan Singh was married to the respondent - Surjit Kaur on 13.03.1991 by way of Anand Karaj ceremony. Two daughters namely Harpreet Kaur alias Kamalpreet Kaur and Gurpreet Kaur alias Jasbir Kaur were born from the said marriage on 13.02.1996 and 11.01.1992 respectively.
Gurpreet Kaur alias Jasbir Kaur, whose guardian the appellant Karam Kaur has already been appointed in pursuance of the order under appeal, has now attained the age of majority. Therefore, the question regarding appointment of the guardian of Gurpreet Kaur alias Jasbir Kaur no longer survives. The question of appointing guardian of the minor Harpreet Kaur alias Kamalpreet Kaur only survives. The custody of Harpreet Kaur alias Kamalpreet Kaur is with the respondent-Surjit Kaur. She is about to attain the age of majority in February, 2014.
In the circumstances, Mr. Vijay Lath, Advocate appearing for the appellant submits that at this stage he does not press for
Amit Kaundal 2013.10.04 17:14 I attest to the accuracy and integrity of this document Chandigarh
FAO No.952 of 2002
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custody of minor namely Harpreet Kaur alias Kamalpreet Kaur.
In the circumstances, the present appeal has been
rendered infructuous and is accordingly disposed of.
(S.S. SARON) JUDGE
19.09.2013 A.Kaundal
Amit Kaundal 2013.10.04 17:14 I attest to the accuracy and integrity of this document Chandigarh
Smt. Karam Kaur
Smt. Surjit Kaur
S.S. Saron
S.P. Bangarh
As recorded by the court registry
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