RUKMA SINGH Vs. SUHAIB LLYASI

JUDGEMENT

(1.) The short question for our determination in this appeal is that whether learned Single Judge while deciding application (IA. 6576/2000) under Order 39 Rules 1 and 2 of the Code of Civil Procedure (for short "the Code") has or has not exercised discretion properly.

(2.) By the impugned order the defendant/appellants have been restrained from forcibly taking custody of the minor child from the plaintiff/respondent reserving liberty to the appellants to initiate proceedings in accordance with law to take custody of the child.

(3.) The facts in brief are that on 5.7.2000 suit was filed by the plaintiff seeking a decree for permanent prohibitory injunction against the defendant/appellants restraining them from forcibly taking away the child Aaliya, the plaintiff's daughter, from his legal and physical custody or in any manner disturbing the peaceful custody of the child Aaliya from the plaintiff. Decree was claimed, inter alia, alleging that the plaintiff was married to Anju Singh, daughter of appellant No.1 and sister of appellant No.2 on 18.11.1993 in London. After marriage they came to India in October, 1994 and stayed at flat No.D-506 UNESCO Apartments, New Delhi, which belonged to the parents of Anju Singh and was lying vacant as her parents often stayed abroad. From the marriage, child Aaliya was born on 24.9.1997. In the first week of December, 1999 the plaintiff and Anju Singh shifted to their own apartment at B-13,Indian Foreign Service Apartments, Mayur Vihar-1, Delhi. Anju died on 10.1.2000 at her Apartment in Mayur Vihar-1, Delhi. During inquest proceedings, appellant No.1 and her son made their statements. None of the close relatives suspected any foul play in the death of the wife of the plaintiff and claimed that the deceased was hot headed and short tempered and had committed suicide. Elder sister of the deceased had also sent her statement through fax message from U.S.A. wherein she did not suspect any foul play.