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NIRVAIR SINGH versus SARABJIT SINGH & ANR

High Court of Punjab and Haryana, Chandigarh

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Nirvair Singh v. Sarabjit Singh & Anr - FAO-1427-2006 [2006] RD-P&H 2208 (31 March 2006)

IN THE COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO NO.1427 of 2006

DATE OF DECISION: March 27, 2006

Nirvair Singh

....Appellant

VERSUS

Sarabjit Singh and another

.....Respondents

CORAM:- HON'BLE MR. JUSTICE VINEY MITTAL
PRESENT: Shri R.K.Girdhar, Advocate for the appellant.

JUDGMENT (ORAL)

This order shall dispose of two appeals being FAO No.1427 of 2006 and FAO No.1428 of 2006. Both the appeals have been filed by Nirvair Singh with regard to custody/appointment of a guardian of minor Jaspreet Kaur. The appellant Nirvair Singh is the maternal uncle of minor Jaspreet Kaur, being brother of Chhinder Pal Kaur, since dead. The respondent Sarabjit Singh is the father of the minor. It is not in dispute that Jaspreet Kaur has a twin sister, namely, Sukhpreet Kaur who is residing with her father. It is also not in dispute that she has one more sister and one brother who are also living with the father. The record shows that Chhinder Pal Kaur was suffering from cancer and had made a visit to her parents house. She died there. At the time of visit, she had taken one of the daughter, namely, Jaspreet Kaur to her parents. After hear death, Jaspreet Kaur continued to remain with her maternal uncle.

Nirvair Singh filed a petition for his appointment as a guardian of the aforesaid minor. A separate petition was filed by Sarabjit Singh claiming the custody of the aforesaid minor. Both the petitions were heard together by the learned trial Judge.

The petition filed by Nirvair Singh was dismissed by the learned trial Judge. Consequently, the petition filed by Sarabjit Singh, father of the minor was allowed. The custody of the minor was ordered to be handed over to Sarabjit Singh. The learned trial Judge while ordering the custody of the minor to be handed over to the father, also took into consideration the welfare of the minor. It was noticed that Jaspreet Kaur had a twin sister, namely,Sukhpreet Kaur and, therefore, it was in the interest of minor to live alongwith her twin sister, her brother and another sister in the house of her father. The financial condition of Nirvair Singh was also taken into consideration and it was found that he was not financially so well so as to educate the minor. The learned trial Judge, however, allowed Nirvair Singh and his family members to meet Jaspreet Kaur on holidays. It was also permitted that during the summer and winter vacations they can take Sarabjit Kaur to their home for half of the vacations.

After hearing the learned counsel for the appellant, I find that there is no infirmity in the orders passed by the learned trial Judge. Welfare of the minor has been duly taken care of by the learned trial Judge.

Dismissed.

March 27, 2006 (Viney Mittal)

KD Judge

FAO No.1428 of 2006

Same order as in FAO No.1428 of 2006 (Nirvair Singh v. Sarabjit Singh and another), decided on March 27, 2006.

March 27, 2006 (Viney Mittal)

KD Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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