IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.5847 of 2010(O&M) Date of decision: 7.10.2010 Parkash …..Appellant versus Subhash Chand and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Augustine George Masih Present: Mr.Bahadur Singh, Advocate for the appellant Jasbir Singh, J. (Oral) Vide judgment and decree dated 11.8.2010, respondent No.1, who is maternal grand father of minor children, namely, Gaurav and Deepak, was appointed as their guardian. Appellant is the real father of the above named children. Heard counsel for the appellant. Record reveals that respondent No.1 moved an application under Section 10 of the Guardian and Wards Act, 1890 for appointing him as guardian of the aforesaid children. Application was contested by the appellant. After recording evidence, the Court below observed as under:- “15. No doubt respondent Parkash is the father and thus natural guardian of the minor Deepak and Gaurav, however, it is well settled that the matter regarding custody of minor children is to be decided not only on consideration of legal rights of the parties rather it should be decided on the sole and FAO No.5847 of 2010(O&M) predominant criterion of what would best serve the interest and welfare of the minors. 16. In this case the mother of the minors was killed in relation to demand of dowry and in FIR No.58 dated 10.3.2006 registered with P.S. Sadar Charkhi Dadri under Section 304-B & 498-A IPC read with Section 34 IPC against Parkash respondent No2. and others, the respondent Parkash, who is father of the minors Gaurav and Deepak has been sentenced to undergo imprisonment for a period of 10 years after having been held guilty under Section 304B/498A of IPC. The respondent Parkash when he stepped into witness box, he has admitted that he has been sentenced to undergo rigorous imprisonment for 10 years. Now the allegation which also stand proved are very serious in nature. When the mother of minors Gaurav and Deepak have been murdered in relation to demand of dowry by their father Parkash and since the murder of mother of the minors, the minors are residing with the petitioner and none of other relatives of Parkash having cared for the minors, I am of the confirmed view that after keeping in view the sole and predominant criterion of what would best serve the interest and welfare of the minor, I am of the confirmed view that it would not be in the interest of minors if custody of minors is handed over to Parkash though he is father and thus natural guardian of the minors. Reliance in this regard can be placed upon Premchand Goel vs. Sanjay Dalmia 2003(2) LJR 556. In that judgment also His Lordship K. Sampath, Judge, Madras High Court, after holding that 2 FAO No.5847 of 2010(O&M) allegations on father that he had caused the death of his wife for dowry, are very serious in nature, held that in present case, the matter is to be decided not only on consideration of legal rights of the parties, rather it should be decided on the sold and predominant criterion of what would best serve the interest and welfare of the minor and accordingly in the facts and circumstances of case, the custody of minor was given maternal grand-father.” It is contention of counsel for the appellant that respondent No.1 has renounced the world as such he was not eligible to become guardian of the minors. This aspect was also taken note of and it was specifically held in paragraph Nos.17 and 18 of the judgment under challenge that respondent No.1 and his family has sufficient means to look after the children. Appellant had committed murder of mother of the minor children. We are of the opinion that at this stage to send them in his custody will be detrimental to the welfare of the children. Emotionally, it may not be possible for them to adjust with the appellant. No case is made out for interference. No ground is made out to condone delay in filing the appeal as well. Accordingly the application and also the main appeal stand dismissed. (Jasbir Singh) Judge 07.10.2010 (Augustine George Masih) gk Judge 3