ANIL KAUSHAL Vs. SAVITA KAUSHAL

JUDGEMENT

(1.) The respondent-Savita Kaushal filed a petition under Section 25 read with Section 12 of the Guardians and Wards Act, 1890 seeking restoration of the custody of her minor son namely Nitish Kaushal.

(2.) From the marriage between the parties, they had a daughter namely Mannu Kaushal, who was aged ten years at the time of filing the petition, which was filed on 22.10.2003 and also a son namely Nitish Kaushal, who was six years and four months old at the time of filing the petition. Mannu Kaushal, the daughter of the parties was with the respondent who was residing in the house of her parents at Brahman Majra, Tehsil Sirhind, District Fatehgarh Sahib. On 02.7.2001, the appellant turned out the respondent alongwith their minor children from his house. Since then the respondent had been residing with her parents at Brahman Majra.

(3.) On 13.09.2001, the appellant came to the house of respondent at Brahman Majra and took the minor child Nitish Kaushal alongwith him to the market on the pretext of purchasing some gift for him. However, the appellant did not return and he had removed the minor child to Patiala.