SUMIT VERMA Vs. JYOTI SONI

JUDGEMENT

(1.) Challenge in the present petition is to the order dtd. 2/11/2022 passed by learned Principal Judge, Family Court, whereby, an application under Order 7 Rule 10 read with Sec. 151 CPC, filed by the petitioner for rejection of petition under Sec. 25 of the Guardians and Wards Act, was dismissed.

(2.) The material facts, as culled out from the paperbook are that marriage of the petitioner (husband) with respondent No.1(wife) was solemnized on 10/6/2019, according to Hindu Rites and Ceremonies at Rewari. After the marriage, the petitioner and respondent No.1 lived together as husband and wife at Jind. From their wedlock, a male child was born on 25/4/2020.

(3.) However, after some time, the parties fell apart. On the accusations of demand of dowry, FIR No.39 dtd. 26/6/2020 was got registered at Women Police Station, Rewari against husband (petitioner) and his parents and the same is still pending adjudication. Even, a petition under Sec. 125 Cr.P.C. was filed by respondent No.1(wife) against her husband and the same is also pending before Family Court, Rewari. However, during the course of the proceedings, the petitioner and his parents felt sorry for their conduct and thereupon, respondent No.1(wife) along with minor child had accompanied the petitioner and started residing at Jind. During the stay at Jind, the respondent gave birth to second child and when she was admitted in the maternity hospital, her parents and brother had come to Jind. The petitioner and his parents had subjected parents and brother of respondent No.1 to beatings, on the basis whereof, an application was given to SHO, Civil Line, Jind. Also, it is the claim of respondent No.1(wife) that the petitioner and his mother, had forcibly snatched minor child Viyansh, from her legal custody, while Viyansh was only 1 year and 8 months old child.