BIJAYKUMARPRASAD Vs. RANJANA

JUDGEMENT

(1.) This is an appeal by the husband of the respondent under Section 19 (1) of the Family Courts Act, 1984, against the order dated 25th August, 1995, passed by the Principal Judge, Family Court, Patna, in a proceeding under section 26 of the Hindu Marriage Act, directing the appellant, the husband, to produce the child named Kumari Sonam Born from the wedlock of the parties in Court on 28th September, 1995, so that the child may be handed over to the mother-respondent where she will stay during Durga Puja vacation.

(2.) Shorn of all its ramifications, the facts are that the present appellant, the father of the child, has initiated proceedings against his wife Smt. Ranjana praying for a decree for divorce on the grpund that the respondent is abnormal and she has deserted him. These averments were, however, refuted by the respondent, the mother of child Sonam. Ultimately, the question arose as to who shall have the custody of the minor child Kumari Sonam, a female child, who was born on 4.7.1987. An application for the custody of the child was given by the mother.

(3.) The case of the respondent-mother was that she was forced to leave her matrimonial home on 7.10.1991 and since then she is living with her parents. Her further case was that she was keeping the child affectionately and carefully till 7.10.1991 when she was forced to leave the matrimonial home. The child was taken by the father to Bhagalpur on the pretext of her education.