224 IN THE HIGH COURT OF PUNJAB AND HARYANA
CR No.7631 of 2015 (OM)
Date of decision : January 17, 2018
Manjit Kaur ……. Petitioner
Joginder Singh (deceased) through LR and others ……. Respondents
CORAM : HON’BLE MR. JUSTICE KULDIP SINGH
Present:- Mr. H.S. Dhandi, Advocate for the petitioner.
Mr. P.K. Garg, Advocate for the respondents.
1. Whether the Reporters of local newspaper may be allowed to
see the judgment ?
2. To be referred to the Reporter or not.
3. Whether the judgment should be reported in the digest ?
KULDIP SINGH J. (ORAL)
Impugned in the present revision petition is the order dated
23.10.2015 (Annexure P-3) passed by learned Addl. Civil Judge (Sr. Divn.),
Sunam, vide which in a petition filed under Section 25 of the Guardians and
Wards Act, 1890 (for short ‘the Act’) pending before the said Court, Amolak
Singh and Inderjit Singh sons of the deceased Joginder Singh have been
brought on record as legal heirs in addition to Sukhwinder Kaur alias
Jaswant Kaur wife of said Joginder Singh, who is already on record.
The controversy in the present case is that a petition under
Section 25 of the Act for custody of minor children, namely Harpreet Singh
and Rufpreet Kaur is pending between Manjit Kaur, mother of the children
and Joginder Singh, grand father of the children. Dalwinder Singh, father of
the children is already dead. During the pendency of the proceedings,
Joginder Singh, grand father of the children died. Therefore, his wife
Sukhwinder Kaur alias Jaswant Kaur was impleaded as his legal heir and is
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pursuing the case on behalf of her husband Joginder Singh being wife of
deceased Joginder Singh and grand mother of the children. Now, Amolak
Singh and Inderjit Singh sons of Joginder Singh filed an application for
impleading them as legal heirs of Joginder Singh, claiming that Joginder
Singh had executed a registered Will, in which they have 2/3 share and 1/3
share is go to Harpreet Singh, minor, grandson of Joginder Singh and that in
the Will they have have been given right to look after the property of the
minor till attaining the age of majority.
I am of the view that the custody dispute of the minors is
pending between the mother and the grandfather. After the death of
grandfather of the minors, the grandmother is pursuing the case on behalf of
her husband. Even if, Amolak Singh and Inderjit Singh sons of Joginder
Singh have been given any right to manage the share of one of the minors
that does not mean that they are entitled to custody of the children also. The
custody of the minors was the personal right of Joginder Singh, which is
now being claimed by the grandmother of the children. Amolak Singh and
Inderjit Singh have nothing to do with the guardianship of the minors.
Therefore, when the grandmother of the children has already been
impleaded as party, they cannot be impleaded as legal heirs of Joginder
Singh. As such, the impugned order is patently illegal and is hereby set
As such, the present revision petition is allowed.
January 17, 2018
Whether speaking / reasoned Yes
Whether Reportable: No
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