IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
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FAO No.685 of 1999
Date of decision: 20.01.2009
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Lakhvir Kaur . . . . Appellant(s)
Vs.
Harjit Kaur and another . . . . Respondent(s)
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CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN
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Present: Mr.Deepak Sabharwal, Advocate for
Mr.G.S. Sandhawalia, Advocate for the appellant(s).
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RAKESH KUMAR JAIN J. (ORAL)
This is an appeal directed against the order dated
10.2.1999 passed by Guardian Judge, Phillaur, whereby a petition
seeking custody of minor -Mandeep Singh was dismissed.
It has come on record that Mandeep Singh was born in
the year 1988 and as of now he must have attained 21 years of age.
In view of section 4(1) of Guardians & Wards Act, 1890
‘minor’ means the person who, under the provisions of the Indian
Majority Act, 1875, is to be deemed to have attained his/her
majority. Whereas as per section 3 of the Majority Act, 1875, every
person domiciled in India shall attain the age of majority on his/her
completion the age of 18 years and not before. Since Mandeep Singh
is no more a minor today, therefore, no relief can be granted to the
appellant. As such the present appeal has become infructuous.
Dismissed as infructuous.
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(RAKESH KUMAR JAIN)
JANUARY 20, 2009 JUDGE
vivek