RAJA SINGH Vs. NASIB KAUR

JUDGEMENT

(1.) The present appeal has been filed under Sec. 47 of the Guardian and Wards Act, 1890 (hereinafter referred to as "the Act ") by the appellant, who is aggrieved against the order dated 3.11.2009 passed by the Civil Judge (Senior Division), Faridkot by which the petition under Sections 8 and 25 of the Act for the custody of minor girl child Amandeep Kaur had been dismissed.

(2.) The case pleaded in the petition filed by the appellant was that he was married to Amarjit Kaur, resident of village Dohak about 20 years back as per Sikh rites and they had lived and cohabited as husband and wife and one male child Raninder Singh was born from the said wedlock, who was aged about 19 years and was doing the work of agriculture after completing the studies. The marriage of the appellant with Amarjit Kaur was still subsisting as she was still alive. The respondent Nasib Kaur was a married woman and her husband's name was Ranjit Singh. Nasib Kaur had started living in the house of the appellant as his keep and from their illicit relations one daughter namely Amandeep Kaur was born, who is now about eight years old and her custody is with the respondent. Nasib Kaur had started alleging herself to be the wife of the appellant and filed an application under Sec. 125 of the Code of Criminal Procedure for grant of maintenance for herself and her minor child Amandeep Kaur. The said application was dismissed by the Chief Judicial Magistrate, Faridkot on 23.7.2003 and in revision the Addl. Sessions Judge, Fast Track Court, Mukatsar vide order dated 22.4.2005 directed the appellant to pay maintenance allowance at the rate of Rs. 500.00 per month to Amandeep Kaur and rejected the claim of the respondent. The said order had been confirmed by this Court and the petitioner was making the payment of maintenance allowance to Amandeep Kaur. The respondent had filed an application for enhancement of maintenance allowance from Rs. 500.00 to Rs. 3000.00 per month under Sec. 127 of the Code of Criminal Procedure. The respondent had no love and affection towards Amandeep Kaur rather out of greed was acting against her interest and using the entire maintenance amount for her own use and necessities and was not providing even a single paisa to the minor and the minor had been kept by her just like a servant. The respondent had no source of income and in such circumstances, she was not in a position to keep and maintain the minor, who had not been brought up well. The future of the minor Amandeep Kaur was in dark and no body was in the house of the respondent to properly look after the minor Amandeep Kaur, therefore, her studies were being neglected. The appellant-father being a natural guardian has great love and affection towards her and had sufficient source of income and doing the agriculture work owning seven-eight acres of superior quality agricultural land. He was also selling the milk of buffaloes and had sufficient income and could properly watch the interest of the minor Amandeep Kaur and provide better education and all facilities of modern life to her. The custody of the minor child in the hands of the respondent was not safe and not for the benefit of the minor and she would remain uneducated and simpleton lady and would not be able to marry, therefore, custody of the minor child should be given to him.

(3.) The respondent-wife in her written statement opposed the said claim and pleaded that the parties were married on 18.3.1998 according to Sikh rites as she was a widow but the appellant was not satisfied with the dowry given and gave her beatings and turned her out of the house. At that point of time she was pregnant and from this wedlock Amandeep Kaur was born on 8.8.1999. A sum of Rs. 500.00 per month had been granted as maintenance allowance by the Addl. Sessions Judge, Fast Track Court, Muktsar vide order dated 22.4.2005. The appellant filed a petition under Sec. 9 of the Hindu Marriage Act, 1955 which was decided on 22.2.1999 and now he could not turn around and deny that the respondent was not his wife. The respondent was spending all the amount for the welfare of the minor girl child and looking after her with full attention and care and she had great love and affection for the minor child from the core of her heart, who was studying in New Model Senior Secondary School, (English Medium), Faridkot. The minor child hated the appellant-her father and had full love and affection for the respondent who was watching all her interest, and custody of the minor child would not be safe in the hands of the appellant and it was not for the benefit of the minor girl child.