JAGJIT SINGH Vs. MILKHO

JUDGEMENT

(1.) THE marriage between the parties was solemnised by way of Anand Karaj Ceremony at Village Bandala, Tehsil and District Ferozepur in November, 1996. From the marriage, the parties had a son, namely, Lovepreet alias Harpreet, who was born on 18.9.1998. Due to matrimonial disputes between the parties, litigation ensued. The matter came up before this Court and a compromise was reached at between the parties and order dated 20.04.1999 was passed in Criminal Writ Petition No. 414 of 1999. In terms of the said order, the custody of the minor son was given to Milkho alias Jaswinder Kaur (respondent), who is the mother of the minor. The respondent was held entitled to the custody of the minor till such time an order was passed by a Court of competent jurisdiction. It was also directed that on every first and last Saturday Guardians and W, the respondent Milkho alias Jaswinder Kaur would take the minor to the Court of the learned Chief Judicial Magistrate, Ferozepur so as to enable the appellant to meet him for a period of one hour. The respondent then on 18.07.2000 filed a petition under Section 25 of the Guardians and Wards Act, 1890 ('Act' -for short) for custody of the minor. It was inter -alia alleged that the custody of her minor son had been forcibly taken by the appellant on 03.01.2000 and she was the natural guardian and was in a position to arrange for his good education.

(2.) THE petition filed by the respondent was contested by the appellant. It was alleged that the respondent had no sympathy for the minor. She had instigated her brother to cause injuries to the appellant and his family members. In this regard, case FIR No. 83 dated 09.09.1999 was registered at Police Station Sadar Ferozepur for the offences punishable under Sections 307, 323 and 34 Indian Penal Code. It was also alleged that the respondent had left her matrimonial home and she had taken her gold ornaments, cash etc. She also got a false case (FIR) registered against the appellant for causing injuries to her and her brother for snatching the minor child. The case was found to be false by the police of Police Station Mallanwala.

(3.) THE appeal was admitted on 19.01.2014. Thereafter, an interim order was passed for providing visitation rights to the appellant on 18.11.2005. As has already been noticed, the date of birth of the minor Lovepreet @ Harpreet is 18.09.1998. He is now about to attain the age of 16 years. In Keshav R. Thakur and another v. Ruchi Bai,, (2005) 9 SCC 424, the question of custody of a boy who was living with his grandparents since his father's death when he was six years old was considered. The boy had attained the age of 16/17 years when the appeal came up before Hon'ble the Supreme Court and he had remained in custody of his grandparents on the basis of an interim stay. It was held that the boy had remained in the care and control of his grandparents for his entire life and, therefore, it would be inappropriate to grant custody of the boy in the said case to his mother at that stage. It was observed that the child was old enough to know his own mind. The mother, however, was given right to meet her son whenever she approached her father -in -law. In the present case, the boy (minor) is about to attain the age of 16 years. He has lived with his mother (respondent) for all these years. Therefore, it would be improper to disturb his custody at this stage.