F.A.O. NO. 7264 OF 2010(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: January 24, 2011. Parties Name Dharampal Grewal ...APPELLANT. VERSUS Sushila Devi ...RESPONDENT CORAM: Hon'ble Mr. Justice Jasbir Singh Hon'ble Mr. Justice Rakesh Kumar Garg PRESENT: Mr. Rose Gupta, Advocate, for the appellant. Mr. Bhupinder Singh Bairagi, Advocate, for the respondent. Jasbir Singh, J. (oral) JUDGMENT A demand draft of Rs. 10,000/- drawn in the name of the respondent has been handed over to her counsel in Court today. Appellant filed a suit under Section 7 of the Family Courts Act, 1984, read with Section 25 of the Guardian and Wards Act, 1890, to get custody of the minors , namely, Kumari Deepti and Kumari Anshul (his grand daughters). It was case of the appellant that he had sufficient means. He has retired from Haryana Police, owns property and can look after the children very well. It is further stated that he had been making payment of F.A.O. NO. 7264 OF 2010(O&M) -2- the school fee of the children for their study in Bal Vihar Public School, Satrof Khas, district Hisar. It was further stated that he had deposited an amount of Rs. 2,00,000/- each in the name of the minors in fixed deposit. It was his case that the minors are in illegal custody of their mother, the respondent. During pendency of that application, the appellant moved an application to get interim custody of the children, which was dismissed by the Court below vide order dated November 16, 2010. Hence this appeal. While dismissing that application, the Court below has noticed that the respondent is M.A./ B.Ed. and being natural guardian, she has a first right to keep the children with her. It was also noted that she is maintaining the children very well. In reply to the application, filed by the applicant, it was also stated that one house, which had fallen to the share of deceased husband of the respondent, was transferred by the appellant in the name of his daughter. Be that as it may, at this stage, we are of the view that no case is made out to grant of interim custody of the minor children to the appellant. Order passed by the Court below is perfectly justified. No case is made out for interference. Dismissed. We hope that the Family Court will dispose of the matter expeditiously. ( Jasbir Singh ) Judge (Rakesh Kumar Garg) Judge January 24 , 2011. DKC