RAVI KUMAR Vs. MANJU

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner -husband against the order dated 27.05.2014 (Annexure P -4) passed by the learned Guardian Judge, Chandigarh, whereby interim custody of the minor son of the parties, namely, Shourya is to be given to Manju - respondent, who is his mother, from 5.6.2014 at 2.00 p.m. till 20.06.2014 at 2.00 p.m. On the latter date and time, the respondent is to produce the minor before the learned Duty Magistrate, Chandigarh for handing over custody of the minor child back to the petitioner.

(2.) THE parties on their own solemnized their marriage on 26.03.2006, according to Hindu rites and ceremonies. It was an inter caste marriage. The parents of the respondent, it is alleged were not happy with the marriage and they always threatened the petitioner that they would not allow them to live together. From their marriage, the parties have a son namely Shourya, who was born on 01.01.2007. He is 7 1/2 years old and presently, he is in custody of the petitioner. There are various litigations going on and pending between the parties including a petition under Section 7, 9, 17 and 25 of the Guardians and Wards Act, 1890. During the pendency of the petition, under the Guardian Wards Act, the interim custody of the minor has been given to the respondent for 15 days.

(3.) LEARNED counsel appearing for the caveator/respondent has opposed the prayer. It is submitted that the minor in fact has great love and affection for his mother (respondent). In fact, the petitioner had stealthily taken the minor from the house of the respondent while she was at work.