FAO No.2897 of 2003

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

FAO No.2897 of 2003

Date of decision: 25.09.2013

Smt. Sarita Devi

.....Appellant

versus

Smt. Anita

.... Respondent

CORAM : HON’BLE MR. JUSTICE S.S.SARON

HON’BLE MR. JUSTICE S.P.BANGARH

Present: Mr.Anil Rathee, Advocate for the appellant.

****

S.S. SARON, J.

The appellant-Smt. Sarita Devi who is the grandmother of

the minor Devender applied for her appointment as guardian of the

person and property of the said minor. Her petition was dismissed by

the learned District Judge, Narnaul vide impugned judgment and

order dated 07.06.2003. Aggrieved against the same, the appellant

has filed the present appeal.

The son of the appellant namely Dharambir was married to

Anita (respondent). From the marriage between Dharambir and

Anita (respondent), they had a son who was four years old at the

time of filing the petition which was filed on 26.07.2001. Dharambir

died on 09.11.1998 leaving behind his mother Sarita Devi (appellant),

his widow Anita (respondent) and his son Devender (minor). Land to

the extent of 1/6^th share in the land of Dharambir measuring 200

Amit Kaundal

2013.10.04 17:14

I attest to the accuracy and

integrity of this document

Chandigarh

FAO No.2897 of 2003

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kanals was inherited by the appellant, respondent and Devender.

Devender in this manner got 1/18^th share in the land measuring 200

kanals. According to the appellant, the respondent Anita shortly after

death of Dharambir left her matrimonial home and started living with

her parents at her parental home at Kanina. Devender was left by

her with the appellant. Thereafter respondent remarried with one

Charan Singh of village Jawa on 29.06.2001 with whom she was

living. Then she took Devender with her to village Jawa from the

appellant in first week of July, 2001 on the pretext of showing her

child to his maternal grand parents. The appellant subsequently

came to know that Devender was taken to village Jawa by the

respondent. When the appellant and her husband went to village

Jawa, they were shocked to see that nobody was looking after the

minor and remarriage of the respondent had adversely affected the

child. Therefore, the petition was filed for seeking custody of the

minor.

The respondent contested the petition of the appellant. It

was submitted that Dharambir was harassed by the appellant and her

husband to the extent that he committed suicide on 09.11.1998. The

appellant and her husband had made the life of the respondent and

her husband very difficult by always quarrelling with him. It is

submitted that after the death of the husband of the respondent, the

appellant and her husband conspired to kill the minor Devender. The

respondent came to know of their plan and so she sneaked him out

of the house of the appellant in village Sunderah and came to Kanina

Amit Kaundal

2013.10.04 17:14

I attest to the accuracy and

integrity of this document

Chandigarh

FAO No.2897 of 2003

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i.e. the house of her parents. It is submitted that the respondent

being a widow of a young age was facing difficulties and in view the

difficulties being faced she had remarried. It was denied that

Devender was brought in July, 2001 on some false pretext. She was

keeping Devender with her brother Mahesh and was getting him

educated there. There was no question of ill-treatment of Devender

at her second matrimonial home because he was not living there.

The petition, it is alleged, had been filed to grab the property of the

minor. The appellant had already filed a civil suit in Mahendergarh to

grab the property of the respondent. She was the natural mother of

the minor and was capable of looking after the welfare of the minor.

On the pleadings of the parties, the following issues were framed:-

“1. Whether the petitioner (now appellant) is entitled

for th