ASHU Vs. ASHOK

JUDGEMENT

(1.) The appellant Ashu (wife) assails order dated 12.1.2017 passed by the learned Additional District Judge, Jind, whereby an application filed by her under Section 26 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') seeking custody of her minor child namely Daksh has been dismissed and she has been granted visitation rights only to meet her minor son on every Saturday/Sunday between 10 A.M. to 1 P.M. at residence of her husband or at the hospital, after seeking permission from the doctor concerned.

(2.) A few facts, necessary to notice for disposal of this appeal, are that marriage of the parties was solemnized on 23.4.2015 and a child namely Daksh was born out of the wedlock on 6.4.2016. However, differences having crept in the relationship of the parties, the respondent-husband filed a petition under Section 13 of the Act seeking dissolution of his marriage with the appellant. Since the minor son was staying with respondent, the appellant moved an application under Section 26 of the Act seeking custody of minor son.

(3.) The appellant, in her application under Section 26 of the Act averred that she is natural guardian of her minor child Daksh and that the respondent had forcibly and without her consent taken away custody of the minor child and she was not even permitted to meet the child, who is of tender age. It is further averred that though a Panchayat had been convened on 22.5.2016 wherein her husband had agreed to take her back to matrimonial home but subsequently he refused to do the same. The appellant, thus, prayed for handing over custody of minor to the applicant with a further direction to allow her to meet the child.