MILAKH RAJ KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) On 20.4.1999, this Court passed an agreed order between the parties in which it was provided that the minor Loveprit alias Harpreet is being handed over to the mother in Court. It was also provided that the mother will keep the custody of the child with her till and subject to such orders as may be passed by the Court of competent jurisdiction upon a petition filed by either party to these proceedings in that regard. Till final orders or interim orders are passed by the court of competent jurisdiction, on every first and last Saturday of the month, Smt. Milkho @Jaswinder Kaur shall produce the minor child in the Court of CJM, Ferozepur at 2 p.m. and the father Jagjit Singh, grand-father, grand-mother or real uncles would have the right to meet the child for a period of one hour, but at one point of time and more than three people will go to meet the child. It is brought to the notice of this Court that the necessary proceedings for custody have been filed in the Court of District Judge, Ferozepur. No interim orders have been passed in the petition filed by the wife under Sec. 25 of the Guardian and Wards Act. The present Habeas Corpus petition was filed on the allegations that the husband has forcibly taken away the custody of the minor child.

(2.) After hearing the counsel for the petitioner, this Court had issued a notice of contempt against the husband on 18.9.2000. In pursuance to the aforesaid orders, the husband is present in court.

(3.) Mr. Sidhu learned counsel appearing for the husband has tried to justify the action of the husband on the ground that the petitioner herself had handed over the custody of the child. The statement of Mr. Sidhu is, however, disputed by the mother who is present in court. She maintains that the child had been taken without the consent of the mother. At this stage, the husband who is present in court, has tendered unqualified apology and has given an assurance to the Court that he will not interfere with the custody of the child without due orders being obtained from the court of competent jurisdiction.