BALJIT KAUR Vs. BHAGWINDER SINGH

JUDGEMENT

(1.) The present appeal has been filed by the appellant-Baljit Kaur @ Rimpy for the custody of her minor daughter namely Manpreet Kaur with a prayer to set aside the judgment dtd. 24/7/2014 passed by Guardian Judge, Tarn Taran, vide which the petition filed under Sec. 25 of the Guardians and Wards Act, 1890, for the custody of minor child, namely, Manpreet Kaur has been dismissed.

(2.) Upon notice ,the respondent-husband, had appeared and filed his written statement denying the allegations made against him. He stated that the appellant-wife had no source of income to maintain herself and another minor daughter Sania, who is 5 months old and is in her custody. Moreover, the appellant is residing with her Bhua as her father has already died and the mother of the appellant is residing with her brother. After taking into consideration the aforesaid pleadings, the trial court framed issues on 26/4/2016.

(3.) It has also come on record that the father of the appellant has already died and the mother of the appellant is living with her brother-Jivan Singh and that is the reason the appellant is living with her Bhua-Jaspal Kaur. Moreover from the statement and cross examination of Jaspal Kaur (PW-3) it is clear that she is also working as a Maid. Thus, to our mind even Jaspal Kaur is not that financially sound.