SHARMA Vs. CHANDER KUMAR SHARMA

JUDGEMENT

(1.) Briefly stated the facts giving rise to this appeal are that the appellant, Smt. Smriti Sharma, and the respondent, Shri Chander Kumar Sharma, were married on 9th September, 1973 at Nabha. After the marriage, they started living at Chandigarh. The respondent is working as an Assistant Accounts in the Museum and Art Gallery, Chandigarh. The appellant belongs to Nabha. She has three sisters. Her father appears to be well off. Her father spent a sum of Rs. 30,000/- on her marriage but the respondent, his sister and mother were not satisfied with this amount of dowry. Consequently, the appellant alleged that she was given beating by the respondent and was turned out of the house on 24th January, 1974. Out of the wed-lock of the parties, a son was born in July, 1974. The appellant was being turned out of the house from time to time and ultimately on 17th December, 1975, she was turned out of the house and her son Anu minor was snatched from her. she took refuge and shelter in the house of her uncle at Chandigarh. It is alleged that the respondent threatened the appellant that he would give Anu minor to her only if she gets share in the property of her father. The father of the appellant has no son and has only four daughters. The appellant is a graduate and obtained Nursery training. She joined service as a Nursery Teacher in the Nursery Wing of G. B. S. College, Dhuri, on a monthly salary of Rs. 250/-. The appellant filed a petition under section 25 of the Guardian and Wards Act, 1890 (hereinafter referred to as the Ward Act), read with section 6 of the Hindu Minority and Guardianship Act (hereinafter referred to as the Guardianship Act) for the custody of the minor Anu child. At the time when the petition was filed, the age of the minor child was 2 years She claimed that she being the mother of the minor child, was entitled to the custody of the child.

(2.) The petition was resisted by the respondent who denied the material averments made in the petition. It was alleged in the written statement that the appellant managed a telegram from her father and left for Nabha on 22nd January, 1974 and while leaving for Nabha, she took away all the jewellery and expensive clothes on the pretext that she was to attend some marriage at Nabha. It was alleged that the appellant was insisting for separate residence from the parents of the husband since her marriage. it was alleged that she left Ann minor at the house while leaving the house of her husband and since then the child was living with the respondent. On 15th November, 1976, the respondent filed a petition under section 9 of the Hindu Marriage Act, which was pending It was claimed that the minor child was being very well looked after by the respondent- father, and that the welfare of the minor was if the minor remains in the custody of the father. On the pleadings of the parties, the following issues were framed by the learned trial Sub Judge :

(3.) Relief.