VINOD KUMAR KHEMKA Vs. RAJINDER KUMAR

JUDGEMENT

(1.) Vinod Kumar appellant was married to Kanta Devi, daughter of Rajinder Kumar respondent No. 1, on 20-5-1978. Out of their wed-lock a daughter named Pula was born on 24-7-1979 and thereafter a son was born on 16-6-1981, whose name is Deepak. Vinod Kumar and his father Keshav Dev are Advocates by profession practising on the taxation side. In December, 1980 Viond Kumar is alleged to have shifted his practice from Sri Ganganagar to Abohar and in 1982 he visited Sri Ganganagar to see his parents.

(2.) On 7-9-1982 Kanta wife of Vinod Kumar died. A case under sections 302/376/511 & 201 of the Indian penal Code was registered against Vinod Kumar's father & brother for murdering Kanta. The case of the appellant was that she committed suicide; whereas the case of the parents of Kanta was that she was murdered by her in laws. It was further pleaded by them that Kesdav Dev father of Vinod Kumar had an evil eye on Kanta to which she resisted but ultimately she was made the scape-goat and after he had satisfied his lust, she was murdered. They denied if Kanta committed suicide.

(3.) Initially, on 25-2-1983 Vinod Kumar filed an application under Section 25 of the Guardian and Wards Act, 1890 (for short the Act'), for restoration of the custody of the minor son (Deepak), at Sri Ganganagar Court and when it was found that Sri Ganganagar Court had no jurisdiction to entertain such an application, after withdrawing the same, an application. was moved at Ferozepur Court on 18-4-1984. In this application the case put forth by Vinod Kumar was that after the cremation of Kanta was over, her parents desired to take the minor son Deepak to the Bazar for purchase of toys for him He allowed them to take Deepak but thereafter they never came back. On 9.9-1982 he contacted the respondents on telephone at Hissar and then came to know that Deepak had been taken by them to Hissar. He being the father of the child claimed his custody from the respondents.