Amandeep Singh And Another vs Jagjit Kaur And Anr
2022 Latest Caselaw 12031 P&H

                         IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
                       Sr. No.: 120


                                                            Civil Revision No.4062 of 2022
                                                       Date of Decision: September 22, 2022


                       Amandeep Singh & another
                                                                        ..... PETITIONER(S)
                                                      VERSUS
                       Jagjeet Kaur & another
                                                                       ..... RESPONDENT(S)

                                                         ...

CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

...

PRESENT: - Mr. D.S. Nigha, Advocate, for the petitioners.

. . .

Tribhuvan Dahiya, J (Oral)

This revision petition has been filed for setting aside

order dated 07.05.2022 (Annexure P-1) whereby an application filed by

the petitioners for impleading them as a party before the Family Court

in a petition pending between husband and wife under Section 25 of the

Guardian and Wards Act, 1890, for custody of the minor child, has

been dismissed.

The Family Court has held that the petitioners cannot be

termed as necessary party as the parents are the only guardians of the

children as per Hindu Minority and Guardianship Act, 1956, as well as

Guardian and Wards Act, 1890. Merely because the petitioners have

been assigned physical custody of the minor by the family, they cannot

be termed as a necessary party to the proceedings before the Family AVIN KUMAR 2022.09.22 19:17 I attest to the accuracy and integrity of this order/judgment.

CR No.4062 of 2022 [2]

Court. No illegality or infirmity in the impugned order could be pointed

out by the learned counsel.

Dismissed.

(Tribhuvan Dahiya) Judge September 22, 2022 avin

Whether Speaking/ Reasoned: Yes/ No Whether Reportable: Yes/ No

AVIN KUMAR 2022.09.22 19:17 I attest to the accuracy and integrity of this order/judgment.