PARAMJIT KAUR AND ORS. Vs. BALJINDER SINGH

JUDGEMENT

(1.) This is a first appeal under Section 47 of the Guardians and Wards Act, 1890 (for short "the Act") by Paramjit Kaur and others appellants (respondents in the original petition) against the judgment dated 06.12.2013 passed by the learned Additional Civil Judge Senior Division Kharar, by virtue of which the petition filed by Baljinder Singh respondent seeking directions to Paramjit Kaur etc. to hand over to him the custody of minor sons, was allowed. The facts extracted from the record are as under:

(2.) Appellant-Paramjit Kaur contested the petition. She admitted that she is the legally wedded wife of Baljinder Singh and that Baljinder Singh is father of Sukhbir Singh and Lakhdeep Singh. Explaining the reason for their living separately, she submitted that the behavior of Baljinder Singh and his family members towards her and her children was very harsh; she had been tolerating cruelties from the very beginning but ultimately on 18.09.2006, she was given severe beatings and was turned out of the matrimonial home in three wearing clothes alongwith the minor children. Thereafter she remained admitted in the hospital for treatment up to 23.09.2006, but her husband-Baljinder Singh never bothered to enquire about her welfare. She then filed a petition under Section 125 of the Code of Criminal Procedure in the Court of Sub Divisional Judicial Magistrate, Samrala. As a counter blast to the same, Baljinder Singh filed the instant petition with a view to avoid payment of maintenance allowance to her.

(3.) On the pleadings of the parties following issues were settled by learned trial court: