PARAMJIT KAUR Vs. KAMALJIT SINGH

JUDGEMENT

(1.) This appeal is directed against the order dated 28.09.2018 by which the petition filed by the respondent for seeking necessary orders and direction for handing over the custody of the minor son Navroop Singh Rahi, born on 11.10.2010, to him was allowed being his real father and natural guardian.

(2.) In brief, the marriage of appellant No.1 was solemnized with the respondent on 30.11.2007 at Village Argowal as per Sikh Rites and customs. They had allegedly lived at Village Muradpur Naryal, Tehsil Dasuyan, District Hoshiarpur. They were blessed with a male child, namely, Navroop Singh Rahi on 11.10.2010. Appellant No.1 had filed a petition under Section 13 of the Hindu Marriage Act, 1955 [for short 'the Act'] against the respondent bearing HMA case No.184 titled as Paramjit Kaur Vs. Kamaljit Singh. While the said petition was pending, appellant No.1 and the respondent decided to dissolve their marriage by way of a mutual consent and filed a petition bearing HMA case No.129 dated 21.5.2014 under Section 13B of the Act titled as Paramjit Kaur and Kamaljit Singh. The joint statement of both the parties, at the first motion stage, was recorded by the Court on 21.5.2014 itself which is already on record as Ex.R-4 and is reproduced as under: - "Joint statement of petitioner No.1 Pramjeet Kaur, aged 32 years, wife of Kamaljeet Singh D/o Devi Pal, Resident of Village Argowal, Tehsil & District Hoshiarpur AND petitioner No.2 Kamaljeet Singh, aged 38 years, son of Shiv Singh son of Mangal Singh, Resident of VPO Muradpur Narial, District Hoshiarpur. On SA Our marriage took place on 30.11.2007 at Amrit Palace, Dasuya Road, Argowal, District Hoshiarpur, as per Anand Karaj ceremonies. We cohabited together as husband and wife at VPO Muradpur Narial until September 2012. Now we are residing separately since from September 2012. One issue of name of Navroop Singh Rahi was begotten out of our wedlock on 11.10.2010 at Charan Kanwal Hospital, Hoshiarpur. That child at present is in care and custody of petitioner No.1. Due to difference of temperaments, it is not possible for us to live together. Lot of efforts were made through respectables and friends for reconciliation, but they remained futile. Gold and silver ornaments have been returned today in open court by both the parties to each other and no claim regarding gold and silver ornaments now remains. Cash amount of Rs.1,50,000/- has been paid today in open Court by petitioner No.2 to petitioner No.1 in settlement of claims qua maintenance of all sort. Still Rs.2,00,000/- more will be payable by petitioner No.2 to petitioner No.1 at the time of sufferance of final statement. The dowry articles mentioned in list EX.C1 will be handed over by petitioner No.2 to petitioner No.1 through Sh. Hoshiar Singh son of Sh. Bakshish Singh son of Sh. Gurmukh Singh, Resident of Village & Post Office Muradpur Narial. Vehicle for carriage of these dowry articles from house of petitioner No.2 will be provided by petitioner No.1 at disposal of Hoshiar Singh abovesaid between 8.00 AM to 9.00 AM of 25.5.2014 at village Muradpur Narial. These articles of dowry mentioned in list Ex.C1 will be loaded in that vehicle under supervision of Sh. Hoshiar Singh in presence of Soma Devi, Sarpanch and Panch of nick name of Bhutto of village Argowal, who will be representing petitioner No.1 at the time of that loading. Both of us will remain bound by our joint statement recorded on 6.5.2014 in HMA Case No.184 of 12.11.2013 titled as Paramjit Kaur Vs. Kamaljit Singh, a petition under Section 13 of the Hindu Marriage Act, which is going to be withdrawn today due to presentation of this joint petition. We seek decree of divorce by mutual consent without any pressure voluntarily. Decree of divorce by mutual consent may be granted. Petitioner No.1 with signature of counsel Sh. KC Mahajan, Adv. Petitioner No.2 with signature of counsel Shri JS Thakur, Adv." On the same day, the said Court had also recorded the following order:-

(3.) Thereafter on 25.11.2014, the marriage was dissolved by way of a decree of divorce by mutual consent and the custody of the minor was retained by appellant No.1. After the divorce, the appellant got remarried with one Baljinder Singh, Advocate an Income Tax Practitioner at Mohali, who was having a son from his first marriage. The respondent filed the petition for seeking necessary orders and direction of the Court for the custody of the minor on the ground of being father and natural guardian and keeping in view the welfare of the minor. He has alleged that when the decree for divorce was passed on 25.11.2014, the minor was under 5 years of age and was to stay with his mother and since he has crossed the age of 5 years, therefore, the petition has been filed for seeking his custody. He has alleged that appellant No.1 did not allow him to meet his son despite the directions of the Court. Appellant No.1 has also allegedly abandoned her child after her remarriage as she herself is living with her second husband at Mohali whereas the minor is living in the village Gardhiwala. He has further alleged that earlier the minor was studying in St. Soldier Divine Public School, Garhdiwala but now he has been shifted to another local school. It is further a case of the respondent that he has no intention to marry again and is only concerned about the welfare of his minor son who has been neglected by appellant No.1. It is also his case that he is running his own business of computer education, earning handsomely and can give better education to the minor. On the other hand, the case set up by appellant No.1 is that the respondent had always maltreated her and harassed her for want of dowry as a result thereof, she had to take the drastic step of seeking a decree of divorce which ultimately culminated into a decree of divorce by way of mutual consent. It is also alleged that the respondent belongs to a family of criminals as one of his brothers, namely, Sukhdev Singh has been convicted and the wife of the other brother namely Sucha Singh is a mentally disturbed as she has tried twice to commit suicide. It is further alleged that the respondent is under the control and influence of his brothers and his parents have already expired. He has no property in his name and does not own any computer business. It is also alleged that the minor is doing well in life even after shifting to the school namely, Sant Baba Harnam Singh Khalsa Model School, Garhdiwala which is on the CBSE pattern. It is alleged that she is living at village Garhdiwala and visit her husband as well. She has alleged that her second husband Bhupinder Singh, Advocate, being an Income Tax Practitioner, has sufficient income. He owns Innova car and has love and affection with the minor.