DALJIT SINGH Vs. SARABJIT KAUR

JUDGEMENT

(1.) The present revision petition has been filed under Art. 227 of the Constitution of India for setting aside the impugned order dated 16.03.2016 passed by the Sub Divisional Judicial Magistrate, Malerkotla, whereby, the petitioner has been directed to produce the minor child, namely, Prabhjit Singh, who is about 16 years of age, in the Court at Malerkotla on the last Friday of every month.

(2.) Briefly, the facts of the case are that the petitioner was married with respondent on 011997 and out of the said wedlock, a male child was born on 30.09.1999. However, due to temperamental differences, the marriage could not succeed and both the parties decided to depart from each other by way of filing joint petition under Sec. 13-B of the Hindu Marriage Act. The said petition was allowed and it was mutually decided by both the parties that minor son, namely, Prabhjit Singh shall remain in the custody of the petitioner-husband, whereas, no visiting right was granted to the respondent-wife. Thereafter, petitioner performed his second marriage and in the meantime, respondent-wife also got married with one Avtar Singh and out of said wedlock, two children were born. Thereafter, respondent-wife filed a petition under Sec. 25 of the Guardians and Wards Act for the custody of minor Prabhjit Singh after a gap of eight years of divorce. In the said petition, the interim relief was prayed by the respondent-wife for interim custody of minor son. While deciding the issue of custody of minor son, it was ordered that respondent-wife was having right to meet her minor child and the petitioner-husband was directed to produce the minor child Prabhjit Singh in the Court on last Friday of every month till the disposal of petition. Respondent-wife was also allowed to meet the minor child in the court room of Presiding Officer on the day of passing of impugned order.

(3.) Petitioner-husband has challenged order dated 16.02016, whereby, he has been directed to produce the minor child in the Court at Malerkotla on last Friday of every month.