FAO No.2014 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2014 of 2011 Date of Decision: 13.12.2011 Dharminder Kumar ..... Appellant Versus Ajit Kaur ..... Respondent CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE G.S. SANDHAWALIA Present: Ms. Satpreet Grewal Kapila, Advocate, for Mr. Rajeev K.Kapila, Advocate, for the appellant. HEMANT GUPTA, J. The challenge in the present appeal is to the order passed by the learned Civil Judge (Senior Division) exercising the powers of District Judge under Guardians and Wards Act, 1890. The parties married on 09.02.2001 and a minor child Manpreet born on 07.01.2002. It is asserted by the appellant that since September 2001, the respondent left matrimonial home without any reasonable cause. It has also come on record that subsequently, the marriage between the parties was dissolved by mutual consent vide decree dated 14.12.2003. It is thereafter, the appellant has filed the present petition in the year 2006. The learned trial Court has considered the entire evidence including the statement of the appellant to return a finding that the child is well looked after by the respondent. The child has good etiquette and habits. Still further, the appellant after divorce has remarried and out of his second FAO No.2014 of 2011 -2- marriage is having two daughters. On the other hand, though the respondent has also remarried and that there was allegation of dispute with her second husband but it has also come on record that such misunderstandings stand resolved and she is happily living with her husband. The appellant has not claimed either the physical custody or visitation rights at the time of dissolution of marriage. Therefore, we are of opinion that the present petition filed after three years of divorce and when the appellant has remarried and has two daughters from his second marriage, are the good reasons recorded by the trial Court that the appellant is not entitled to be the guardian of the minor. There is no illegality or irregularity in the finding recorded which may warrant any interference in appeal. Dismissed. (HEMANT GUPTA) JUDGE (G.S. SANDHAWALIA) 13.12.2011 JUDGE manju