SONU Vs. RUHI JOSHI

JUDGEMENT

(1.) THIS Revision Petition under Article 227 of the Constitution is directed by the petitioner-husband against the order dated 20.11.2006 passed by the learned Gurdian Judge, Ludhiana allowing the application of the respondent-wife for interim custody of their minor son, namely, Love; as well as against the order dated 23.7.2007 passed by the court of the learned Additional District Judge (Adhoc), Fast Track, Ludhiana, upholding the aforementioned order of the learned Gurdian Judge.

(2.) THE parties were married on 22.3.2003 and a son, namely, Love was born out of the wedlock on 22.9.2004. The marital tie, however, ran into rough weather and it appears that the parties executed a "compromise deed" dated 10.1.2005 in terms whereof they parted ways from each other. The custody of the minor child, however, was retained by the petitioner father without any serious objection by the respondent-wife. She later on moved a petition under Section 25 of the Guardian and Wards Act for the custody of the minor son and also moved an application for granting his interim custody. The main plea put-forth by the respondent-wife was that notwithstanding the fact that no valid divorce has taken place between the parties, the petitioner-husband has re-married and has a child out of the second wedlock. In these circumstances, she pleaded that the retention of her minor son in the custody of the petitioner was not in the child's interest or welfare.

(3.) I have heard Learned Counsel for the parties and perused the impugned orders as well as the documents placed on record by the respondent-wife.