ANIL KUMAR NAHAR Vs. SAMANTHA NEELU NAHAR

JUDGEMENT

(1.) The plaintiff-husband and the defendant-wife were married on 7.2.1987. On 29.2.1988 their son was born. Unfortunately, difference of opinion had arisen between the husband and wife. Therefore, they found it not possible to live together. The son, who is now 7 years old, is with the husband plaintiff. The plaintiff-petitioner has filed a petition for dissolution of marriage under Section 13 of the Hindu Marriage Act before the District Court, Delhi and it is pending. In the meantime, the husband has filed this suit praying for the grant of injunction restraining the defendant, her agent or servant from taking away the child from the custody of the plaintiff and/or removing the child of the plaintiff outside the jurisdiction of this Court.

(2.) The question relating to custody of the child is now pending before the District Court in the matter for dissolution of marriage. The apprehension of the plaintiff is that the defendant-wife is trying to remove the child from the custody of the plaintiff by force. That had provoked him to file this suit. Allegations and counter allegations are made against each other by the husband and the wife. But when I am dealing with an interlocutory application, I refrain from considering the merits and demerits of those allegations. The learned Counsel for the wife submitted that the wife gives an undertaking that the child will not be removed forcefully from the custody of the husband till the question of custody is decided by the District Court. I feel that the husband should be satisfied. I record the undertaking given by the wife. Both the IAs are disposed of accordingly.

(3.) The petition for divorce is pending before learned Addl. District Judge, Delhi Smt. Veena Birbal. I hereby direct the Addl. District Judge to dispose of the petition for custody of the child on merits within two months from today and after disposing of the same shall submit a report to this Court. The parties shall appear before the concerned Addl. District Judge on 11th of September 1995. Petition disposed of.