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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Vikas Bahl, J.
Meena Dawar & Ors. - Appellants
Versus
General Public - Respondent
CR No. 920-2021
Decided On : 08-07-2021
Article 227 - Impleading of Natural Father and Grandparents - Hindu Minority and Guardianship Act, 1956, Sections 8, 29, 31 - The court held that the natural father and grandparents of the minors were necessary parties for proper adjudication of the petition under Section 8 of the Act of 1956, where the property in which the minors have a share was sought to be sold. The court referred to the provisions of Section 8, 29, and 31 of the Act of 1956 and the Guardians and Wards Act, 1890 to support the decision to implead the necessary parties for the just decision of the application under Section 8.
Fact of the Case:
The petitioners sought to sell the property in which the minors had a share, and the court was tasked with deciding whether the natural father and grandparents of the minors should be impleaded as necessary parties for the just decision of the application under Section 8 of the Act of 1956.
Finding of the Court:
The court found that the natural father and grandparents of the minors were necessary parties for proper adjudication of the petition under Section 8 of the Act of 1956, and upheld the impugned order to implead them.
Issues: Whether the natural father and grandparents of the minors should be impleaded as necessary parties for the just decision of the application under Section 8 of the Act of 1956.
Ratio Decidendi: The court held that the provisions of Section 8, 29, and 31 of the Act of 1956 and the Guardians and Wards Act, 1890 supported the decision to implead the necessary parties for the just decision of the application under Section 8.
Final Decision: The court dismissed the revision petition and upheld the impugned order to implead the natural father and grandparents of the minors as necessary parties for the just decision of the application under Section 8 of the Act of 1956.
ORDER
VIKAS BAHL, J. - The present revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 02.02.2019 (Annexure P-5), orders dated 28.08.2019, 27.09.2019 and 23.11.2020 (Annexure P-6, Colly) passed by the learned Civil Judge (Senior Division)/ Guardian Judge, Faridabad directing the petitioners to implead the natural father and grandparents of the minors as party to the petition, by observing that the said persons are necessary parties for the just decision of the case.
2. The facts as per the case set up by the petitioners which are apparent from the averments made in the revision petition and also from the brief synopsis handed over by the learned Senior Counsel for the petitioners, are stated here as under:-
1980 onwards
Harish Chand Dawar was alive (Died 08.12.1982), he was exclusive owner of residential plot No.743, Sector-19, Faridabad measuring 383.73 Sq. Yd.
1980 onwards | Harish Chand Dawar was alive (Died 08.12.1982), he was exclusive owner of residential plot No.743, Sector-19, Faridabad measuring 383.73 Sq. Yd. |
09.05.1989 P-4 | After death of Harish Chand, Plot transferred by natural succession in the name of Meena Dawar (Widow/Petitioner No.1), Vikram Dawar (Minor Son/petitioner No.2), Preeti Dawar (Minor Daughter died on 22.08.2007) and Vineet Dawar (Minor son/Petitioner No.3) |
29.11.2002 | Preeti Dawar got married with Rajiv Arora |
27.11.2003 | Kashish Arora (Elder Minor Daughter) born |
03/01/06 | Gayatri Arora (Younger Minor Daughter) born |
22.08.2007 | Wife Preeti Dawar died under mysterious circumstances at matrimonial home of Rajiv Arora. Since that day both minor are under care and custody of petitioners. |
23.08.2007 P-1 | Panchayatnama/Settlement, whereby it was agreed that no FIR on account of death of Preeti Dawar would be lodged by petitioners however they will get permanent custody of minor daughters. Rajiv Arora promise to return entire Istridhan and FDR of Rs.5 Lac each in the name of two minor daughters. |
2014-15 | Rajiv Arora challenged the settlement, litigation in respect of custody of minor daughters started, however the said transferred by this Hon'ble High Court to itself. |
19.11.2015 P-2 | This Hon'ble Court after interactions with minors ordered custody of both minors daughters to remain with the maternal side of the family. The said order continuous till date and applications filed by Rajiv Arora declined. |
2007-2020 | Meanwhile, minors have grown up, presently studying in 12th class and 9th class respectively and require higher education expenditure. |
14.05.2018 | Meanwhile, application filed by maternal side of the minors for permission to sell share (25%) share of the minors in respect of the plot in Faridabad, which was owned by Harish Chand Dawar filed before Guardian Judge at Faridabad. The total sale consideration Rs.1,40,00,000/- Market rate/Circle Rate: Rs.27,000/- per sq. yd. According to which the same comes to Rs.1,03,60,710/-, therefore, the sale is in the best interest of the minor as being sold more than market value. |
3. Mr. Puneet Jindal, learned Senior Advocate appearing for the petitioner has relied upon the settlement dated 23.08.2007 (Annexure P-1), order passed by this Hon'ble High Court dated 19.11.2015 (Annexure P-2), Allotment Letter of plot dated 09.05.1989 (Annexure P-4) and has also referred to the application dated 14.05.2018 (Annexure P-3) filed under Section 8 of the Hindu Minority and Guardianship Act, 1956 (hereinafter to be referred as "the Act of 1956"). The averments of the said application have been highlighted and it has been stated that after the death of Preeti Dawar, share of Preeti was transferred in the name of Baby Kashish Arora and Baby Gayatri Arora and that the petitioners are in great need of money and are therefore, intending to sell the property. Learned Senior Counsel has further placed reliance on the provision of Section 8 of the Act of 1956, which reads as under:-
"8..Powers of natural guardian.
(1) The natural guardian of a Hindu minor has
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