SARDAR BHUPENDRA SINGH Vs. JASBIR KOUR

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 21-9-1998 passed in Civil Suit No. 50-A/97 by District Judge, East Niwar, Khandwa.

(2.) The respondent was married with the petitioner on 18-9-85 and three issues were born out of the wedlock i.e. two sons - Manpreet Singh and Tajinder Singh and one daughter namely Ku. Tanvi. Sardar Bhupendra Singh had filed a petition for divorce under S. 13 of the Hindu Marriage Act on the ground that respondent-wife was involved in the conspiracy to commit the murder of the father of the petitioner. Petitioner was also allegedly insulted by the respondent levelling a charge against him of being incapable to satisfy her sexual desire. The respondent-wife however denied the allegations and made counter-allegations against the petitioner-husband that she was forced by him to live in her parental house.

(3.) An application under S. 26 of the Hindu Marriage Act for a direction regarding the custody of two sons - Manpreet Singh aged about 11 years and Tejinder Singh aged about 7 years. It was alleged in the application that daughter - Tanvee is living with respondent - mother and the sons Manpreet Singh and Tejinder Singh are in the custody of petitioner-father. It was also alleged in the application that petitioner Bhupendra Singh is not able to look-after the children and both the sons have been deprived of the parental love and affection by the act of the husband/petitioner. Son Manpreet Singh has been kept in hostel and is studying in Christ Church Higher Secondary School at Jabalpur. It is also alleged that petitioner husband is showing apathy towards his sons. Younger son - Tejinder Singh is living at Burhanpur with the sister of petitioner/husband and taking his education at Burhanpur itself. Thus both the sons are deprived of parental love and care which is a basic requirement in such a tender age. It is further alleged that as the petitioner/husband is not willing to keep the children with him, and for this reason only son Tejinder Singh has been sent to his sister's place at Burhanpur. It is also one of the allegations that petitioner/husband does not permit the respondent-mother of the children to meet them. The sons, both Manpreet Singh and Tejinder Singh, are alleged to be under the constant threat. Initially Son Tejinder Singh was admitted in St. Poise School at Khandwa, in May 1997. When mother/respondent contacted her son, he was taken out from that school and was sent to Burhanpur. Both the sons are not allowed to meet their mother/the respondent.