HARDEEP KAUR Vs. JOGINDER SINGH

JUDGEMENT

(1.) This is an appeal filed by Hardip Kaur against her husband Joginder Singh and is directed against the order of learned Guardian Judge, Amritsar, whereby he ordered under Section 25 of the Guardians and Wards Act that Iqbal Singh minor son of the parties be handed over by the appellant to the custody of the respondent.

(2.) Joginder Singh respondent belongs to Ghanupur in Amritsar district while Hardeep Kaur appellant hails from village Bhullar in district Gurdaspur. The parties were married on 9th June, 1948 and on 13th April, 1952, Iqbal Singh was born out of the wedlock. On 29th December, 1958, the appellant left the house of the respondent in village Ghanupur along with Iqbal Singh and went to the house of her parents in village Bhullar. According to the appellant, she was beaten by the respondent and turned out on that day and she made a report about that to the police. The respondent thereafter filed a petition for restitution of conjugal rights against the appellant, but the aforesaid petition was dismissed on 17th February, 1961. Appeal of the respondent against the order in that case is now pending in the High Court. On 21st June, 1961 the respondent filed the present application under Section 25 of the Guardian and Wards Act, read with Section 6 of the Hindu Minority and Guardianship Act, for the custody of minor son Iqbal Singh against the appellant. According to the respondent the appellant was unable to look after the welfare and interest of the minor and the boy's health had since deteriorated and he was not getting proper education. The respondent asserted that being the father, he was the natural guardian and as such was entitled to the custody of the minor in preference to the appellant.

(3.) The application was resisted by the appellant who denied that she was not looking after the minor. According to her she was alive only because of the company of her minor son and that otherwise she had no charm left in life. The minor boy was stated to have been admitted into a school and was being properly looked after. The welfare of the minor was stated to be in his living with the appellant. An objection was also taken that the Court at Amritsar had no territorial jurisdiction to entertain the application.