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2000 DIGILAW 1287 (PNJ)

Jaswinder Kaur v. Gurdip Singh

2000-10-31

R.L.ANAND

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Judgment R.L.Anand, J. 1. Smt. Jaswinder Kaur, the present appellant filed a petition under Section 13 of the Hindu Marriage Act in the Court of Addl. District Judge, Patiala, against her husband Shri Gurdip Singh on the ground of cruelty and desertion. The petition was resisted by the husband. The Trial Court vide the impugned judgment and decree dated 17.2.1998 dismissed the petition. Aggrieved by the judgment and decree of the Trial Court, Smt. Jaswinder filed by present appeal. Notice of the appeal was given to respondent Shri Gurdip Singh. 2. During the pendency of the appeal Smt. Jaswinder Kaur, appellant, has remarried with Shri Gurbhej Singh of village Dhanmeri, Tehsil Samrala, District Patiala. Out of this wedlock, a male child has been born to Smt. Jaswinder Kaur. 3. From the marriage of the appellant with Shri Gurdip Singh, respondent, one female child by the name of Miss Mandeep Kaur was born. She, at the moment is in the custody of the appellant. She is aged about ten years. She is a student of 6th Class and is present in Court. 4. I have enquired from Miss Mandeep Kaur about her wish, whether she wants to go to the house of her father Shri Gurdip Singh and she says that she wants to live with her father because her mother Smt. Jaswinder Kaur has re-married with Shri Gurbhej Singh. 5. The parties filed a joint petition under Section 13-B of the Hindu Marriage Act keeping in view the changed circumstances. Smt. Jaswinder Kaur has remarried with Shri Gurbhej Singh when her first marriage with Shri Gurdip Singh was valid and subsisting. Perhaps she has committed this offence under a wrong advice. Since the life of a lady is involved in this case, therefore, I entertain this petition under Section 13-B of the Hindu Marriage Act in the High Court. Moreover Shri Gurdip Singh, respondent, is not ready to accept the appellant in view of her re-marriage with Gurbhej Singh but definitely, he is interested to keep the custody of his own daughter Miss Mandeep Kaur. 6. I have separately recorded the statements of the parties and have come to conclusion that in all fairness the marriage between the appellant and respondent should be dissolved forthwith and I order accordingly. 6. I have separately recorded the statements of the parties and have come to conclusion that in all fairness the marriage between the appellant and respondent should be dissolved forthwith and I order accordingly. Smt. Jaswinder Kaur, appellant, has also stated before me in the presence of her lawyer that she will not claim the custody of Miss Mandeep Kaur for all (-sic.) and she has no objection if the custody of the child is given to her father Shri Gurdip Singh. It is, therefore, declared that the custody of the child Miss Mandeep Kaur will remain with the father Shri Gurdip Singh, respondent. The joint petition under Section 13-B of the Hindu Marriage Act is allowed and the marriage between the parties stands dissolved forthwith. There shall be no order as to costs.