JASWINDER KAUR Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THIS petition has been filed by Jaswinder Kaur, mother of Harwinder Singh @ Happy, under Section 482 Cr.P.C. against order dated 2.1.2015 passed by Additional Sessions Judge, Moga (Annexure P -5) refusing to grant custody of respondent No. 4 Satvir Kaur @ Gagan (daughter -in -law of the petitioner) along with her minor child to the petitioner.

(2.) HARWINDER Singh @ Happy married to respondent No. 4. FIR No. 132 dated 9.12.2013 under Sections 363, 366 -A, 382, 354, 376, 506, 323 and 120 -B IPC at Police Station Nihal Singh Wala, District Moga was registered by father of respondent No. 4, namely, Gurdeep Singh (respondent No. 5). Harwinder Singh @ Happy was arrested in the aforesaid case and respondent No. 4 was sent to Nari Niketan i.e. State Protective Home, Jalandhar. During the stay of respondent No. 4 in Nari Niketan, she has been blessed with a son, who is now aged more than six months.

(3.) THE statement of respondent No. 4 -prosecutrix has been recorded in the Court as PW -1, wherein, she has reiterated the factum of marriage with accused Harwinder Singh @ Happy with her own sweet will without any pressure whatsoever. Even before the Additional Sessions Judge, Moga, respondent No. 4 got her statement recorded that she does not want to accompany her parents and she wants to go her in -law's house, where her mother -in - law and father -in -law are living.