SUKHPREET KAUR Vs. RANJODH SINGH @ LALI BRAR

JUDGEMENT

(1.) THE present appeal is filed by the wife against dismissal of her petition for custody of the minor child. The appellant being the mother of minor Gurvesh Singh, filed the petition under Sections 7, 12 and 25 of the Guardian and Wards Act, 1890, claiming the custody of the said minor, but her petition was dismissed by the Additional Civil Judge (Senior Division), Bathinda, on 30.07.2011.

(2.) THE appellant had alleged that she was married to the respondent on 28.03.2004 and Gurvesh Singh was born to them on 02.10.2006. She came to know, after the marriage, that the respondent was a drug addict and a person of criminal background with many criminal cases pending against him. She was forced to leave the matrimonial home on 14.08.2009 along with the minor child. However, in May, 2010, the respondent forcibly took the custody of the child from her. She apprehended that the respondent would mar the future of the child and, therefore, she wanted to get his custody. Even otherwise, at the time of filing of the petition, the child was below five years in age and the mother had the right to his custody. The mother of the respondent was old and there was no other female in his house to look after the child.

(3.) THE respondent contested the claim for custody on the ground that all the allegations against him were false. He had admitted the marriage and the birth of the child but denied all other allegations. It was denied that the child had been kidnapped by him as alleged. The trial Court framed the following issues: -