RANJIT SINGH THAPAE Vs. SIMRAN THAPAR

JUDGEMENT

(1.) The present revision petition has been filed against the order dated November 2, 1993, passed by Shri J.D.Kapoor, Additional District Judge, Delhi, in an application moved by the respondent under Section 26 of the Hindu Marriage Act. The respondent had claimed the custody of the minor female child 'Mehr'.

(2.) The brief facts, as cited in the impugned judgment, are that the petitioner was married to the respondent in the year 1979. They could not be get any child and adopted one female child from Orphanage of Missionaries of Charity in the year 1987, when the medical investigations indicated the impossibility of the birth of the child. The child had the love and care of both the parents till October, 1991, when they started living separately. The petitioner continued to look after the child in the absence of the respondent and the child has been studying in Modern School, Delhi. It has been contended by the petitioner that the respondent has been neglecting the child inasmuch as she left for Dagshai in Simla Hills despite the illness of the child and the petitioner has been responsible to bring her up and put her in a good school in Delhi. The re spondent never cared to show any love and affection to the child. This, in fact, is a short resume of the averments made by the petitioner.

(3.) The respondent moved an application under Section 26 of the Hindu Marriage Act to claim the interim custody of the child and has contended that the welfare of the child will lie in her being with the respondent and there is no female member left in the house of the petitioner apart from his married sisters, who can be expected to look after the child. The respondent is working as a Vice-Principal in a school in Dagshai Simla Hills where about 150 Boarders and 100 Non-Boarders are studying. The school is a public school of high order and it will be in the interest of the child to be with the mother.