INDERBIR SINGH Vs. AMANDEEP BAINS

JUDGEMENT

(1.) This Revisional Application is directed against the Order dtd. 4/12/2018 passed by the Ld. Additional Civil Judge (Senior Divison), S.A.S. Nagar, Mohali whereby the Application moved by Mrs. Amandeep Bains-Respondent No.1 seeking grant of interim and temporary custody of her minor child namely Sahib Inder Deep Singh, aged more than 8 years had been allowed.

(2.) The impugned order was passed on an Application for interim custody of the minor child moved by Respondent No.1 under Sec. 12 of the Guardians and Wards Act, 1890 (for short "the Act of 1890") in her main Guardianship Petition, in which, the Petitioner, who happens to be her husband, and three other members of his family being his mother, brother and sister-in-law, who are Proforma Respondent Nos.2 to 4 in this Revisional Application, were made Respondents.

(3.) The background leading upto the filing of the Guardianship Petition by Respondent No.1 is chequered and somewhat unpleasant. Nevertheless, it is appropriate to first take note of the certain events starting from the marriage of the Petitioner and Respondent No.1, which took place on 12/8/2007. The minor child (son) namely Sahib Inder Deep Singh was born on 31/1/2012. The marital relationship between the parents was not smooth. The father i.e. the Petitioner had initially filed a Petition seeking dissolution of marriage against Respondent No.1 on 19/1/2018 which was subsequently withdrawn after some attempts at reconciliation. His grievance against his wife (Respondent No.1) was that she had treated him and his family members with physical and mental cruelty. On the other hand, contention of the wife was that the Petitioner, who is an IPS Officer, was involved in an extra marital affair with a junior lady Police Officer, on account of which, he had not only been mistreating his wife, but had also neglected to take appropriate care of his minor son as expected of a good father. After withdrawal of the initial Petition u/s 13 of the Hindu Marriage Act by the Petitioner, there was some sort of temporary reconciliation between the parties, by which time, he was posted as A.I.G., Policy and Rules at Chandigarh since April, 2018 and was also assigned additional charge as AIG Cyber Crime, Jalandhar one year later.