RAJ RANI Vs. SUBHASH CHANDER

JUDGEMENT

(1.) The parties to the appeal are husband and wife. They were married on 23rd Nov. 1976. The wife gave birth to a male child named Pavvan Kumar alias Sohnu on 26th Nov. 1977 in St. Stephen Hospital at Delhi. The child is today 4 years and 12 days. The child is at present in the custody of the father. The tussle between the couple is over the custody of the child.

(2.) The married life of the parties, it appears from the very start got into rough weathers. The wife since her marriage has stayed with the husband for brief spells. According to the wife the last time that she went to the husband was on 1st March 1981 and she was beaten on 2nd and 3rd March and turned out of the house on 4th March 1981 and that she lodged a report with the police and was also medically examined. The version of the husband is that the wife had left the house on 8th May 1980 leaving the child with a neighbour alongwith the letter Ex. D.S.

(3.) The undisputed facts are that the parties were married on 23rd Nov. 1976. They resided together upto 21st April 1977 when the wife went over to the house of her parents. (The version of the wife was that she was beaten and turned out of the house and according to the husband she had left the house of her own accord). The wife gave birth to a male child on 26th Nov. 1977. The wife re-joined her husband along with the child in Dec. 1977. There is a little conflict between the parties here. According to the wife, on 19th March 1979 after being given beating she was turned' out of the house and she had with the help of the police obtained the custody of the child. The version of the husband is that the wife had left the home on 27th March 1978 leaving the child behind and after a few months she had returned to the home of the husband and on 19th March 1979 she had again left the home. The further admitted facts are that on 9th July 1979 the wife again returned to the matrimonial home and left the house of her husband on 8th May, 1980. The wife had left the child with the husband and the child has been since that date, in the custody of the father.