IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH FAO No. 4723 of 2004 (O&M) Balwinder Kaur ...Appellant vs Gurdev Kaur and another ..Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Rajinder Singla, Advocate, for the appellant. Mr. Jatinder Singla, Advocate, for respondent no. 1. ... Rajesh Bindal, J. Challenge in the present appeal is to the judgment dated 17.9.2004 of the learned court below passed under Section 25 of the Guardian and Wards Act, whereby custody of Ms. Mohanjit Kaur, daughter of the appellant, born out of her marriage with Gurjit Singh (since deceased) was directed to be handed over to respondent no. 1 (her grand-mother). The date of birth of the minor Mohanjit Kaur is 9.10.1993. It is not disputed that ever since birth, the child is living with the appellant, her natural mother. Considering the age of the child and the fact that ever since birth, she is living with the appellant, in my opinion, it would not be appropriate to disturb the custody of the minor by directing handing over thereof to respondent no. 1, grand-mother, even if there was some compromise between the parties on the basis of which the custody of the child was to be given to the grand-mother. There is nothing on record to point out that the child is not being properly taken care of by the mother. In view of the aforesaid facts, in my opinion, the judgment of the learned court below directing handing over the custody of the child to respondent no. 1 deserves to be quashed. Ordered accordingly. The appeal stands disposed of. 22.2.2011 (Rajesh Bindal) vs Judge