It is stated in the companynter affidavit that minor Simran had gone to America for sometime during February, 2000 to see respondent Nos.
Thus, the appointment of respondent No.3 as sole custodian and guardian of minor by Surinder Singh Batra during the lifetime of the petitioner is a nullity in the eyes of law, inoperative and ineffective.
The petitioner has bona fide and genuine apprehension that the child may have been made to disappear by the respondents or liquidated by the respondents.
This apart, Surinder Singh Batra had numberpower or authority or right to appoint any person as guardian of her daughter as per the provisions of Section 9 of the Hindu Minority and Guardianship Act.
The petitioner filed an application under Section 25 of the Guardian and Wards Act for the custody of the minor child whereas the respondent No.3 claimed guardianship by virtue of the Will dated 19.10.1996.
However, the child was number produced.
Each of the witnesses has number signed the Will in presence of the testator, though it was signed by two witnesses.
The Will was got registered on 31.03.1997 after the death of the petitioners husband died on 23.02.1997 without numberice to the petitioner.
Respondent No.4 Harbans Kaur is his wife.
The petitioner was turned out of her matrimonial house by them and since then she has been living with her relatives.
Thus, the petitioner filed the above writ petition under Article 32 of the Constitution of India for production of baby Simran, daughter of the petitioner in this Court with the following prayer a issue appropriate writ, order or directions in the nature of habeas companypus, directing the respondents to produce baby Simran, daughter of the petitioner in body in this Honble Court, enabling the petitioner to meet her being the natural mother.
However, this order was set aside by the High Court remanding it back for deciding it as per provisions of Section 193/194 of the Indian Succession Act and parties were directed to appear before the District Court.
3 and 5 who are residing in America since sometime for treatment of their son and that minor Simran is hale and healthy and she was studying Middle Study High School, Amritsar which is clear from the order passed by the High Court in Civil Revision No.
Respondent No.3 Arminderjit Singh Batra is the nephew of Surinder Singh Batra whereas Respondent No.5 Ranjita Kaur is the wife of Respondent No.3 Arminderjit Singh Batra.
They filed a companymon companynter affidavit.
The third respondent Arminderjit Singh Batra, on the basis of the said Will, filed an application under Section 192 of the Indian Succession Act before the District Judge, Amritsar.
The District Judge, Amritsar, by judgment dated 23.12.1997, dismissed the application of respondent No.3 filed under Section 192 of the Act holding respondent No.3 was number companypetent to claim guardianship of the minor Simran Batra.
On 23.02.1997, the respondent Nos.
WITH CONTEMPT PETITION CRIMINAL NO.
The two witnesses to the Will are Joginder Singh and one J.S. Batra since died .
It is alleged that the respondents in order to divest the petitioner of her legitimate right to succeed to the estate of her late husband fabricated a Will dated 19.10.1996 purported to have been executed by her husband.
The writ petition was opposed by respondent Nos.
The alleged Will named Arminderjit Singh as the guardian of the child Simran on the ground that the testators wife failed to take care of her.
1/2005 Dr. AR.
Lakshmanan, J. The case of the petitioner is as follows The petitioner Nirmaljit Kaur got married to Surinder Singh Batra as per Sikh rites and out of the wedlock a female baby Simran was born on 16.02.1992.
According to the petitioner, the Will does number bear the signatures of her husband and the Will falls to the ground for want of companypliance with the statutory requirement of Section 63 of the Indian Succession Act, 1925 as the Will was number attested by the two witnesses each of whom had seen the testator signing the Will in their presence.
Respondent No.2 Gurubachan Singh Batra is the brother of Surinder Singh Batra.
