LAWS(P&H)-2010-9-16

PARNEET SINGH Vs. BHUPINDER KAUR

Decided On September 15, 2010
Parneet Singh Appellant
V/S
BHUPINDER KAUR Respondents

JUDGEMENT

(1.) Parneet Singh has filed the instant revision petition under Article 227 of the Constitution of India impugning order dated 23.08.2010 passed by learned Guardian Judge, Karnal, thereby declining prayer of the petitioner for interim custody of his minor son Abhijeet Singh.

(2.) Petitioner is husband of respondent Bhupinder Kaur. Their matrimonial relations appear to have soured. The petitioner's version is that the respondent is mentally upset. However, it is also the petitioner's case that she is pursuing B.Ed. Course from Kharar, whereas petitioner is resident of Karnal. The petitioner has filed divorce petition against the respondent. Petitioner has also alleged that on 01.05.2010, respondent took away the minor child after calling the petitioner and minor son to Police Station, Sector 9, Karnal. Resultantly, studies of the minor are suffering.

(3.) Respondent has inter alia pleaded that she was maltreated in the matrimonial home and demand of dowry was made. Compromise was effected earlier, when the petitioner expressed regrets and gave undertaking on 11.10.2007 that they would not make any demand of dowry, but the petitioner and his family members did not honour the compromise. It is also alleged that on 01.05.2010, she was not permitted to enter the matrimonial home. Petitioner's mother called the police. The police challaned the petitioner and his family members. They had given beatings to the respondent and thrown her out of the matrimonial home and forcibly snatched the minor son from her. The son was restored to her after the police came. Parents of the petitioner have disowned the petitioner by publishing notice in newspaper on 06.04.2010. On the other hand, respondent herself is a teacher and is pursuing her career in education.