SURINDER KAUR Vs. SHRI HARBANS SINGH

JUDGEMENT

(1.) PURSUANT to the order of this Court dated the 15th June, 1995, the child Kulpreet Singh has been recovered from the house of the sister of the respondent and has been restored to his mother, the petitioner, Surinder Kaur. The child, who seems to be well aware of his surroundings, states that he would like to go with his mother. More soever, it appears that there is an order of the Matrimonial Court under Section 26 of the Hindu Marriage Act, which, while allowing the respondent visiting rights had by implication given his custody to the mother. It is also significant that an application filed by the respondent under Section 25 of the Guardians and Wards Act has also been dismissed in default on 24.2.1994 and it appears that no further steps have been taken to persue that matter. In view of these facts, a direction is issued that the child be restored to his mother leaving it to the respondent to avail any remedy that may be available to him. Ordered accordingly.