BHARAT BHUSHAN Vs. MADHU

JUDGEMENT

(1.) BHARAT Bhushan has filed this appeal to challenge the order dated 8.11.2004 passed by the Guardian Judge, Jalandhar, whereby the custody of the minor female child has been ordered to be given to Smt. Madhu wife of the appellant.

(2.) THE marriage between Bharat Bhushan appellant and Smt. Madhu respondent, which took place on 28.5.2001, proved to be tumultuous from the very beginning. However, out of the wedlock a female child was born on 5.5.2002. Smt. Madhu left her matrimonial home on 21.7.2002 without taking the child with her. Thus, the child though only 2-1/2 months old, remained at her paternal house in Jalandhar. According to the appellant, the child was herself abandoned by the wife while leaving the matrimonial home. On the other hand, the version of the respondent-wife is that the child was forcibly kept by the husband and other family members against her wishes. The wife filed a petition under Section 25 of the Guardian and Wards Act for taking custody of the child on 2.5.2003. Prior to that a complaint was also filed by her with the police on 10.4.2003, which was followed by rapprochement between the parties on 9.5.2003 and the wife rejoined the company of her husband at the matrimonial home. Immediately thereafter, a dispute again arose between them and she parted company of her husband Bharat Bhushan and again started living at her parental home. The child again remained in the custody of the appellant. However, the wife filed an application under Section 12 of the Guardian and Wards Act for a direction to the husband (appellant herein) for handing over the custody of the child to her. The Guardian Court vide order dated 21.1.2004 (Annexure R-1) allowed the application and ordered the husband to hand over the custody of the minor child, namely Gauri alias Sarah, to the wife within a period of 15 days. The said order of the Guardian Court remained uncomplied with. Thereafter, the wife filed another application seeking liberty to keep the minor child with her on weekends and also during summer vacation as an interim measure. The said application filed by the wife was also allowed by the Guardian Court vide order dated 12.6.2004 (Annexure R2). Ultimately, the petition under Section 25 of the Guardian and Wards Act filed by Smt. Madhu (respondent herein) was also allowed by the Guardian Court, Jalandhar, vide order dated 8.11.2004 vide which the husband Bharat Bhushan (appellant herein) has been directed to hand over the custody of the child to her mother Smt. Madhu within one month. However, the appellant was allowed liberty to meet the child thrice in a month at a venue to be mutually decided by the parties. It is against this order passed by the Guardian Court, that the present appeal has been filed by the husband Bharat Bhushan.

(3.) THE contentions raised by Mr. Setia have been controverted by Mr. J.S. Bhatti, learned counsel appearing for the respondent-wife.