LAWS(P&H)-2018-7-28

BALJIT KAUR SAGGOO Vs. CHIRANJEEV SINGH SAINI

Decided On July 18, 2018
Baljit Kaur Saggoo Appellant
V/S
Chiranjeev Singh Saini Respondents

JUDGEMENT

(1.) Petitioner has preferred this revision petition against the order dated 11.04.2018 passed by the Guardian Judge, Chandigarh in an application under Section 12 of Guardian & Wards Act, 1890 (hereinafter to be referred as 'the Act') for production of minor child Devansh Singh Saini and for grant of temporary custody to the petitioner and further permission to meet the minor child during pendency of the petition.

(2.) Brief facts are that marriage of the petitioner with the respondent was solemnized on 20.04.2014 at Chandigarh according to Sikh rites and ceremonies. After the marriage the parties resided in Chandigarh and cohabited as husband and wife. From the wedlock, one son namely Devansh Singh Saini took birth on 04.11.2014, when they were residing in Panchkula.

(3.) There are allegations and counter allegations made against each other by the parties. Petitioner has pleaded that on 01.08.2016 at about 11.00 a.m., respondent illegally and fraudulently took away the minor child Devansh Singh Saini from the petitioner on the pretext of going for a walk. Thereafter respondent did not turn up along with the child. Respondent started living with his parents at Kalka. Petitioner also pleaded that her efforts to bring the child back remained futile and thereafter she filed the petition under Section 25 of Act for grant of custody of minor child Devansh Singh Saini along with visitation rights. An application under Section 12 of the Act was also filed by the petitioner for interim custody of the minor child.