TA No. 465 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No. 465 of 2011 Date of decision: 30.9.2011 Amarjeet Kaur ....Applicant Versus Ranvir Singh and another ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.RS Dhaliwal, Advocate for the applicant. Mr.Harminder Singh, Advocate for respondent No.1 ***** Jitendra Chauhan, J.(Oral) The present application has been filed under Section 24 read with Section 151 of the Code of Civil Procedure by the applicant, who is the maternal grand mother of the minor, seeking transfer of the petition titled as 'Ranvir Singh vs. Amarjeet Kaur and another', filed by the respondent No.1, under the Guardians and Wards Act, 1890, for the custody of the minor child, from the court of learned Additional Civil Judge (Senior Division), Ratia, District Fatehabad, to the court of competent jurisdiction at Sangrur. Learned counsel for the applicant contends that the respondent has filed a petition under the Guardians and Wards Act for the custody of the minor child, born out of the wedlock of the respondent and her daughter. TA No. 465 of 2011 2 Further contends that after having been ousted from her matrimonial home, her daughter was residing with the applicant alongwith her child. Her daughter had filed an application under Section 125 of Cr.P.C. for grant of maintenance at Sunam. Further contends that the daughter of the applicant had died and after that, the child was in the custody of the applicant. On the other hand, learned counsel for respondent No.1 has vehemently opposed the prayer of the applicant on the ground that the respondent is the father and natural guardian of the child. Further contends that in the interest of the welfare and child, the custody of the child should be given to his father. I have heard the learned counsel for the parties and perused the case file carefully. From the perusal of case file, it emerges that the applicant is the maternal grand mother of the child. After the death of her daughter, minor child has been staying with the applicant -maternal grand mother. Welfare of the minor child is the paramount consideration. As per Section 6(a) of the Hindu Minority and Guardianship Act, 1956, the father is the natural guardian of a Hindu minor child. After the death of the mother, the father is the only natural guardian of a minor. He is not disqualified to become a natural guardian. Though, father is not residing with the child, this does not authorise any other person to assume the role of a natural guardian unless and until the father has an adverse interest to minor in the property. Whether the Guardian Judge at Ratia, District Fatehabad has territorial jurisdiction or not to entertain and try the guardian case is yet to be decided by the Guardian Court. TA No. 465 of 2011 3 In Kulwinder Kaur vs. Kandi Friends Education Trust (2008) 3 Supreme Court Cases 659, the Hon'ble Supreme Court has held that power under Section 24 of the Code must be exercised with due care, caution and circumspection. In the present case, the applicant is the maternal grand mother of the minor child. As such, no reasonable ground is made out to transfer the case. In view of the above, the present application is dismissed. However, the observations made above shall not be construed to mean an expression of opinion on merits of the case. 30.09.2011 (JITENDRA CHAUHAN) gsv JUDGE