FAO-5897-2018 (OM) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No. 5897 of 2018 (OM)
Date of Decision: 28.2.2019
Raghvir Singh …….Appellant
Vs.
Manjinder Kaur ……..Respondent
CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN
HON’BLE MR. JUSTICE HARNARESH SINGH GILL
Present: – Mr. M.S.Dhami, Advocate
for the appellant.
Mr. M.K.Pundir, Advocate
for the respondent.
*****
RAKESH KUMAR JAIN, J. (ORAL)
This appeal has arisen from the order dated 3.7.2018 by which
a petition filed by the appellant under the provisions of Guardian and Wards
Act, 1890 for his appointment as a Guardian of minor Lakhvir Singh, has
been dismissed.
In brief, marriage of the respondent was solemnized with
Lakhwinder Singh (since deceased) in the year 2006 at village Begowal,
District Kapurthala as per Sikh rites. Out of this wedlock, Lakhvir Singh
was born on 8.11.2017. Unfortunately, the husband of the respondent
namely Lakhwinder Singh died on 3.3.2017 at Lisbon, Portugal. The
appellant, who is living in England, has filed this petition and appointed
Joginder Singh son of Kartar Singh resident of village Gilzian, P.O. Miani,
Tehsil Dasuya, District Hoshiarpur as his Special Power of Attorney to
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depose on his behalf in this case. Though, Joginder Singh (SPA) had
appeared as PW-2 and stated that the appellant wanted to be appointed as a
guardian of minor Lakhvir Singh and has no conflict of interest yet the
learned trial Court dismissed the petition on the ground that the appellant
did not appear before the trial Court, therefore, it would not be in the
interest and welfare of the minor if the appellant is appointed as the
guardian.
After notice was issued, the respondent has put in appearance
along with her counsel. She has categorically stated that she is ready and
willing to give custody of her minor son to the appellant. Be that as it may,
the fact remains that the trial Court could not repose confidence in the
statement of the Special Power of Attorney and has dismissed the petition
only on the ground that the appellant did not put in appearance for the
purpose of stating on oath that he wanted to take the custody of minor
Lakhvir Singh. Therefore, we find it just and expedient to set aside the
impugned order and remand the case back to the trial Court with a direction
that the trial Court would record the statement of the appellant by way of
video conferencing in order to remove any kind of doubt which was in the
mind of the Court about the welfare and well being of minor Lakhvir Singh
who is to be given in the guardianship of the appellant.
Accordingly, the appeal is allowed. Impugned order dated
3.7.2018 is set aside and the matter is remanded back to the learned trial
Court with a direction that it would record the statement of the appellant by
way of video conferencing to find out whether Raghvir Singh himself is
interested in taking the custody of minor Lakhvir Singh or there is any
conflict of interest in so far as the property or person of Lakhvir Singh is
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concerned with the said appellant.
With these observations, the parties are directed to appear
before the learned trial Court on 18.3.2019.
It is made clear that at the time of video conferencing, besides
the Presiding Officer, the counsel appearing on behalf of the appellant
would be present to identify him.
(RAKESH KUMAR JAIN)
JUDGE
(HARNARESH SINGH GILL)
February 28, 2019 JUDGE
Gurpreet
Whether speaking /reasoned : Yes/No
Whether Reportable : Yes/No
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