ARVINDER SINGH Vs. SARABJIT KAUR

JUDGEMENT

(1.) A petition under Section 25 of Guardian and Wards Act, 1890 (for short "the Act of 1890") was filed by appellant-Arvinder Singh claiming custody of his minor son Sukhvir Singh from respondent Sarabjit Kaur. The petition was dismissed by learned Civil Judge (Senior Division), SAS Nagar, Mohali, vide judgment dated 26.02.2014 passed in petition no.14 of 2013, assailing which the instant appeal was filed.

(2.) In precise, the facts extracted from the record are as under:- Appellant Arvinder Singh was married to respondent Sarabjit Kaur on 15.05.2001 at Kharar, by way of Anand Karaj. Out of the wedlock, a son namely Sukhvir Singh was born on 24.01.2002.

(3.) Respondent contested the petition and a written reply was filed by her raising preliminary objection with regard to maintainability and estoppel etc. She alleged that the petition was barred under Order II Rule 2 of the Code of Civil Procedure, 1908 as the appellant had previously filed a suit for permanent injunction against her in the court of