JASWANT KAUR Vs. MANJIT SINGH

JUDGEMENT

(1.) The delicate question that arises for decision in this appeal is as to who out of the two contending parties should be given the custody of the male child named Raghubir Singh nick: named 'Happy' aged 10 years. The contest is between the maternal grand parents and the father. The. trial Judge has given the custody to the father. The maternal grand parents have come in appeal.

(2.) The respondent herein Manjit Singh Marwaha was married to Harjit Kaur (daughter of the appellants) on 15th August 1973, The couple was blessed with a son on 16th August 1974. The parties separated on 17th August 1975. There is no clear evidence regarding the causes of the rapture in the married life of the couple. The father filed a petition for restitution of the conjugal rights and according to him on the assurance given by the father of the wife that he would send Harjit Kaur he withdrew that petition but the wife did not return to the marital home. The respondent (husband) filed & petition for divorce which was granted by an Additional District Judge on 28th August 1980.

(3.) The case of the appellants is that at the time of the marriage the respondent was unemployed and he had deserted the wife. Smt. Jaswant Kaur, the mother of the wife, gave evidence that after the marriage the respondent took the wife to Bombay, that after staying at Bombay for about 9 days they returned to Delhi and resided at Wazipur for about 3 months, and thereafter both of them came to their house, that the petitioner was not employed at that time and they helped the petit ioner to get a job at Plaza Cinema, and that thereafter for some time they lived in block No. 11, Rajouri Garden.