BALBIR KAUR Vs. JIT KAUR

JUDGEMENT

(1.) The dispute in this case is regarding custody of minor Amrik Singh alias Biiti (hereinafter referred to as the "minor"). He is son of appellant-Balbir Kaur. Gurdev Singh was the husband of the appellant. Respondent No. 1 Jit Kaur is mother of Gurdev Singh and respondent No. 2 Kulwant Singh is brother of Gurdev Singh. Respondent No. 3 is minor himself.

(2.) The appellant was married to Gurdev Singh in the year 1991. The minor was born on 5-12-1992. In the initial period after the marriage, appellant and Gurdev Singh lived together. Appellant gave birth to two children, the minor and a daughter. However, dispute started between them which ultimately resulted in appellant's leaving her matrimonial house and going to her parental house with her daughter. Minor remained at the husband's house. Subsequently, Gurdev Singh committed suicide and it is the case of the respondents that he committed suicide because of the quarrels with the appellant and he left a suicide note also and a case under S. 306/34 of the Indian Penal Code is pending against her and her parents.

(3.) Appellant filed a petition for declaration that she is a natural guardian of the minor and also his person, property and custody.