HARDEEP SINGH Vs. PARAMJEET KAUR

JUDGEMENT

(1.) Appellant-Hardeep Singh is aggrieved by judgment dated 04.07.2018 passed by learned Additional Civil Judge (Senior Division)-cum- Guardian Judge, Ludhiana, whereby petition filed under the Guardian and Wards Act and Hindu Minority and Guardianship Act, 1956 for the custody of minor child, namely, Satnam Singh Samra, has been allowed partly.

(2.) The appellant filed a petition before learned Additional Civil Judge (Senior Division)-cum-Guardian Judge, Ludhiana stating therein that marriage between the parties was solemnized on 28.09.2003. Three children i.e. two daughters and one son, namely, Noorpreet Kaur, Harmanpreet Kaur and Satnam Singh Samra, respectively, were born. Some differences arose between the parties and both the female children were residing with their father Hardeep Sngh and son was residing with mother-Paramjeet Kaur. Itwas also mentioned in the petition that respondent-wife was having illicit relations with some other person and the minor son was not being looked after properly, which had affected the upbringing as well the education of the child. It was also alleged that the minor was being neglected whereas for having custody of minor child, his welfare was required to be taken into consideration. The petition filed by the appellant-Hardeep Singh was partly allowed vide order dated 04.07.2018 by giving visitation rights.

(3.) Learned counsel for the appellant submits that the welfare of the minor child has not been taken into consideration as there was specific allegation regarding negligence on the part of respondent-wife. Learned counsel further submits that neither the respondent-wife chose to contest the proceedings nor any reply was filed. In absence of appearance of the respondent-wife, an adverse inference should have been drawn against her and claim of the appellant should have been considered. Learned counsel also submits that the Guardian Court should have considered that the minor child has a right to meet his siblings, who are in care and custody of appellant-father.