JAGDEEP SINGH Vs. SWAPNA SINGH

JUDGEMENT

(1.) This is a case with reference to the cus tody of the child for which this Court passed the order on 24th January, 2001 which is quoted hereunder:

(2.) We made an attempt in view of the said order to find the mind of the child, whether he desires to go with the father instead of remaining with the mother. It was revealed that the child is not agreeable to leave the custody of the mother, hence we desired through our order dated 28th March, 2001, to produce the child before us for knowing the mind of the child. The child was produced on the 10th April, 2001 in the Chambers and we talked to the child for some time. After talking to the child, we found that the child was very alive of the unfortunate situation between his father and mother but was not ready to leave the home of his mother to go with father. He had many things to tell which we need not record in our order. After talking to the child our clear feeling is, it would not be proper to give any direction that the child should go in the custody of his father. In order to decide the custody of the child of 10 years his natural desire and his future development is very important to be kept in mind. We felt strongly, this is not the time for giving such direction, so we placed the matter today.

(3.) Today, we heard the matter and communicated our feelings which we gathered from the child. In view of this, we feel, it would be appropriate in the interest of the child and keeping in view the issues involved, to pass the following order.