JAGDEV SINGH Vs. MANDEEP KAUR

JUDGEMENT

(1.) Having lost before the trial court in a petition under Section 25 of the Guardian and Wards Act, 1890 (in short "the Act") for the custody of minor child, namely, Armandeep Singh, the appellant-husband has approached this Court by way of instant appeal challenging the judgment dated 23.10.2015 passed by the Additional Civil Judge (Senior Division), Amloh (exercising the powers of District Judge).

(2.) Put shortly, the facts necessary for adjudication of the instant appeal as narrated therein may be noticed. The marriage between the parties was solemnized on 15.10.2006 at village Shamshpur, Tehsil Amloh. From the said wedlock, son Armandeep Singh was born on 3.7.2007. The parties could not adjust with each other and got panchayati divorce and later on filed a petition under section 13B of the Hindu Marriage Act, 1955 for a decree of divorce by mutual consent which was granted vide judgment and decree dated 20.10.2008. At the time of getting divorce by mutual consent, it was agreed that neither they will file any suit/proceedings against each other nor the appellant would file a petition for custody of the minor. Further, the respondent agreed that she would maintain and keep the minor child and would not claim any maintenance from the appellant who had already paid lump sum amount to her on account of permanent alimony.

(3.) In support of his case, the appellant examined himself as PW1, Balwinder Kaur as PW2, Gulzar Singh as PW3 and Jaswinder Singh as PW4 (wrongly mentioned as PW3 in the judgment). On the other hand, the respondent besides examining herself as RW1, also examined Tejinder Singh as RW2 and Avtar Singh Lamberdar as RW3.