SANGEETA Vs. PARVEEN KUMAR

JUDGEMENT

(1.) Petitioner has assailed the order dtd. 23/8/2018 passed by the District Judge, Family Court, Sonepat, whereby objections filed by the petitioner were dismissed and the SHO Police Station City Sonipat was directed to recover the minor Saket from the custody of the petitioner and to hand over him to the respondent.

(2.) The marriage of the petitioner was solemnized with the respondent on 4/12/2005 in Sonipat. A male child took birth out of this wedlock on 6/2/2007. Due to differences between the husband and wife, they decided to separate by way of mutual consent. A petition under Sec. 13-B of the Hindu Marriage Act was filed and the same was decreed on the basis of mutual consent. It was decided between the parties that custody of minor son Saket will remain with the petitioner for the next five years and thereafter the petitioner shall hand over the custody of the minor to the husband. Fortnightly visitation rights were given to the husband during the aforesaid period of five years.

(3.) After expiry of five years of custody of the minor with the mother, the respondent filed a contempt application/ execution petition for non-compliance of the decree dtd. 1/3/2012 and joint statement of the parties dtd. 21/2/2012 in the proceedings of mutual divorce before the Family Court. Para Nos.7, 12, 14 and prayer clause reads as under:-