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IN TH 113
HARJIT SI
RITU KUM
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IN THE HIGH COURT OF PUNJA AT CHANDIGAR
RA-
FAO Date
JIT SINGH
Versus KUMARI
AM: HON’BLE MR. JUSTICE HON’BLE MRS. JUSTICE
Mr. Jaswinder S. Randhawa, A
**** , J. (oral)
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UNJAB AND HARYANA IGARH -CR-197-2025 in
FAO-2754 of 2023 Date of decision: 11.03.2025
…. Appellant
…. Respondent ICE
, Advocate for the applicant.
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: . further contended that biological mot ination that :- i) She has no independent child: ii) She is entirely dependen own livelihood;
2754 of 2023 - 2- -) '
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9 9 < 1 ' al mother admitted during the cross ndent financial means to support the pendent on her parents even for her '
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He further mother is 2 life, after ob is a grave a minor as hi with the hus and well bei no source o Public Scho receiving q educational Hon’ble Ap cannot over raised by gr documents psychologic support of c reliance up
RA-CR-197-2025 in FAO-2754 iii) She admitted that she h two; iv) She acknowledged that t of the child in her absenc v) She admitted that her weak and unstable. rther contended that the mother ha er is 25 years of age. There exists lik fter obtaining divorce, she may enter rave and genuine concern whether h his own child. There would be st the husband of the mother which will n ell being. Grandmother is owner of ag urce of income. The child is studyin c School, Lehlan. It is an English ing quality education. The review tional and personal expenses which ble Apex Court consistently held th t override the welfare of the child es by grandmother and expressed prefer ents relating to child’s upbringing ological welfare were part of the reco rt of contention, learned counsel for ce upon the judgments rendered by
2754 of 2023 - 3- she had left the child at the age of that the grandmother took full care absence: her own financial condition is very had filed divorce petition. The ists likelihood, in normal course of enter into a second marriage. There ether her husband would accept the be step relationship for a girl child will not be conducive for her safety r of agricultural land and mother has tudying in 3rd standard in Heritage nglish medium school and she is review applicant is bearing all hich is about 6,000/- per month. eld that biological right of parent hild especially when child has been preference to stay with her. Material inging, care, financial support and he record but went unconsidered. In el for the revision applicant placed red by Hon’ble Supreme Court in e of care very The se of here t the child afety r has itage e is all onth. arent been terial and d. In laced rt in JYOTI 2026.03.20 11:09 I attest to the accuracy and integrity of this document
Meera Bha Court 455
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With the as gone throug Meera Bh observation
RA-CR-197-2025 in FAO-2754 Bhanja v. Smt. Nirmala Kumari Ch 55 and Parsion Devi v. Sumitri De "0 - 9
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! the assistance of learned counsel for through the judgment of Hon’ble Apex Bhanja’s case (supra) wherein vation has been made:
2754 of 2023 - 4- ri Choudhury, 1995 AIR Supreme ri Devi, 1997(4) RCR(Civil) 458.
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el for the review applicant, we have e Apex Court relied upon by him. In herein in para No.8, following me have .
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%## & '( , 3 6 - JYOTI 2026.03.20 11:09 I attest to the accuracy and integrity of this document 8. In Parsion para No.7, h
RA-CR-197-2025 in FAO-2754
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sion Devi’s case (supra), Hon’ble A o.7, has held that:-
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. ’ble Apex Court in its judgment in
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9. In view of review juris application
10.
In view of review juris application
10. During the c dated 20.11 Jail, Patiala
RA-CR-197-2025 in FAO-2754
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( ) w of the above said principles as re jurisdiction of the Court, it is to be s ation for review of order dated 20.11.2 he course of arguments, it is conced 20.11.2025 that father of the minor fe atiala in case arising out of FIR No.2
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under Secti Rajpura. 11. In para No.1 custody of also conside as under:-
RA-CR-197-2025 in FAO-2754 Section 376 IPC read with POCSO ra No.13 of the order dated 20.11.2025 dy of grandmother and she being ow onsidered. Para No.13 of the order da
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2754 of 2023 - 9- OCSO Act, at Police Station Sadar, 1.2025, the factum of child being in ing owner of 42 bigha of land, was rder dated 20.11.2026 is reproduced
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12. The reason the FAO-2754-20 reproduced as und
13.
For the pur consideratio of the order
RA-CR-197-2025 in FAO-2754 o eason for not allowing the grandmoth 2023 was also addressed in para as under:- ?
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order dated 20.11.2025 which is repro ?@ $ 2754 of 2023 - 10- dmother to be impleaded as party to para No.10 of the order, which is " @ ) 5 (7+1 " ) tody of minor child, the paramount ild was also addressed in para No.11 s reproduced as under:- " ty to ch is " ount o.11 " JYOTI 2026.03.20 11:09 I attest to the accuracy and integrity of this document RA RA-CR-197-2025 in FAO-2754 o 6 7 +#B++ +'B+ " / "8) ++BD+B+B 'BB 7 )A $ +&BD+B+B 6 E + F / /
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@ ' * # RA-CR-197-2025 in FAO-2754 o ustody of minor to the mother canno d that she is likely to obtain divorce an hen her prospective husband will ma uture speculations cannot be criteria our of the applicant.
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2754 of 2023 - 12- cannot be declined only on the sole orce and thereafter likely to re-marry ill maltreat the minor female child.
to decide the review application
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Whether speaking/reasoned:
Whether reportable :
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Yes/No. Yes/No
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