{"id":192966,"date":"1994-03-01T00:00:00","date_gmt":"1994-02-28T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/kiran-rani-vs-krishan-kumar-on-1-march-1994"},"modified":"2015-09-02T19:19:31","modified_gmt":"2015-09-02T13:49:31","slug":"kiran-rani-vs-krishan-kumar-on-1-march-1994","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/kiran-rani-vs-krishan-kumar-on-1-march-1994","title":{"rendered":"Kiran Rani vs Krishan Kumar on 1 March, 1994"},"content":{"rendered":"<div class=\"docsource_main\">Punjab-Haryana High Court<\/div>\n<div class=\"doc_title\">Kiran Rani vs Krishan Kumar on 1 March, 1994<\/div>\n<div class=\"doc_citations\">Equivalent citations: I (1996) DMC 223, (1994) 107 PLR 721<\/div>\n<div class=\"doc_author\">Author: V Bali<\/div>\n<div class=\"doc_bench\">Bench: V Bali<\/div>\n<\/p>\n<pre><\/pre>\n<p>JUDGMENT<\/p>\n<p>V.K. Bali, J.<\/p>\n<p>1. Kiran Rani, it appears from the facts of this case, has<br \/>\napproached this Court through present petition filed by her under Article 226 of the<br \/>\nConstitution of India for issuance of writ of habeas corpus for recovery of her<br \/>\ninfant child, Gaurav, aged only one year from the custody of respondents, who<br \/>\nare none others than her husband and his relations in compelling circumstances.<br \/>\nPetitioner was married with respondent-Krishan Kumar in May, 1992 at Sangrur.<br \/>\nOut of this wed-lock a son was born about a year ago. It is pleaded that<br \/>\nrespondents were not happy with petitioner for not bringing adequate dowry.<br \/>\nConsequently, she was made to live with her father at Sangrur alongwith her<br \/>\ninfant child, Gaurav. Respondents started putting pressure on her as also on her<br \/>\nfather to get divorce so that respondent-husband was able to solemnise second<br \/>\nmarriage. This was, obviously, unacceptable to petitioner. It is further pleaded<br \/>\nthat the respondents hatched a conspiracy and called petitioner alongwith her<br \/>\nfather to Hoshiarpur in the garb of rehabilitating her. When petitioner alongwith<br \/>\nher infant son and father reached at Hoshiarpur at the house of respondents on<br \/>\nFebruary 19,1994, the son was forcibly taken from her and she was made to sign<br \/>\ncertain papers under the threat that if she was not to comply with their directions<br \/>\nand sign the documents, her son, Gaurav would be killed. Finding no way out to<br \/>\nresist the demand of respondents, who were threatening to kill her son, she<br \/>\nsuccumbed to the pressure and signed certain papers produced before her. Once<br \/>\nthis object of respondents was achieved, she and her father were pushed out of the<br \/>\nhouse and they were told to leave Hoshiarpur. Respondents further threatened<br \/>\nthe petitioner that Gaurav would be kept by them as a security for getting divorce<br \/>\nfrom the Court and if she was to resist the decree of divorce, respondents would<br \/>\nkill her son. When frantic efforts of petitioner to secure the custody of her only<br \/>\nson, both from Hoshiarpur as well as Sangrur police, brought to tangible result,<br \/>\nshe approached this Court for the relief indicated in the earlier part of this<br \/>\njudgment.\n<\/p>\n<p>2. It is pleaded that the life of infant son Gaurav, is in the danger as the minor<br \/>\nis taking breast feed, not being used to take other food. It is also pleaded the<br \/>\npetitioner is also feeling complications as the milk is flowing from her breasts and<br \/>\nin case Gaurav is not given breast feed of which he is used to, not only that his life<br \/>\nwould be in danger but petitioner might also be in for some physical trouble on<br \/>\naccount of continuous flow of milk from her breasts.\n<\/p>\n<p>3. In pursuance of notice issued to respondents, reply has been filed by them<br \/>\nwherein it has been sought to be made out that on July 17, 1993 petitioner told<br \/>\nthat she had to go to Nanga Mandir\/Gurudwara situated at Sangrur as before delivery she made prayer that in case she was blessed with a son, she would have<br \/>\n&#8216;Darshan&#8217; of Nanga Mandir alongwith her son and other family members. As<br \/>\nsuch, respondent Nos. 1 and 2 alongwith petitioner and her son went to Sangrur.<br \/>\nAfter having &#8216;Darshan&#8217; of the Mandir, petitioner insisted to stay at Sangrur with<br \/>\nher parents for some time. Respondent Nos. 1 and 2 came back to Hoshiarpur.<br \/>\nThe allegations regarding demand of dowry have been denied. It has further been<br \/>\npleaded that when after waiting for a long time, petitioner did not turn up,<br \/>\nhusband-respondent went to Sangrur to bring her back. Petitioner, however,<br \/>\nrefused to come back without any excuse. Other efforts made by respondents also<br \/>\ndid not yield any result. On February 15,1994 respondents were summoned in the<br \/>\nPolice Station Wing dealing with complaints of ladies regarding matrimonial<br \/>\ndisputes. They approached one Jagdish Saini, who happens to be the President<br \/>\nof Bahujan Samaj Party. On reaching Police Station, respondents were asked to<br \/>\nsettle their dispute with petitioner. Jagdish Saini made request to petitioner&#8217;s<br \/>\nfather on telephone to come to Hoshiarpur to settle the dispute. Ultimately, father<br \/>\nof petitioner promised to reach at Hoshiarpur on February 19,1994. On the said<br \/>\ndate, petitioner alongwith her father, infant son, Hardev Singh and Gurdish<br \/>\nSingh, went to Hoshiarpur Police Station. Respondent Nos. 1 and 2 also reached<br \/>\nthere. Shri Jagdish Saini also reached there alongwith one Onkar Singh. On<br \/>\nreaching Police Station, Smt. Narinder Kaur, ASI, asked the parties to patch up the<br \/>\ndispute by mutual consent. For this purpose, meeting was held and Shri Jagdish<br \/>\nSaini tried his level best to patch up the matter but petitioner openly declared that<br \/>\nshe did not want to live with respondent Krishan Kumar and wants divorce. This<br \/>\noffer of petitioner was accepted and divorce deed was executed and terms were<br \/>\nsettled. It was signed by both, husband and wife. Jagdish Saini, Onkar Singh and<br \/>\ntwo persons, who came alongwith the petitioner, Hardev Singh and Gurdish<br \/>\nSingh also put their signatures. A copy of divorce deed has been placed on records<br \/>\nas Annexure R-l. On the same day, it is also pleaded, that every term was settled.<br \/>\nAll the articles as mentioned in the divorce deed, were returned to petitioner and<br \/>\nshe was also paid an amount of Rs. 30,000\/- in the presence of witnesses. On<br \/>\nhaving received all the articles, Gaurav, son was handed over to respondents and<br \/>\none feeder make Bonne was also handed over to feed him. Petitioner hired a truck<br \/>\nNo. 407 and carried all the articles to Sangrur.\n<\/p>\n<p>4. In the divorce deed, Annexure R-l, after narrating the date of marriage<br \/>\nand other things, like dispute that had surfaced between the parties, settlement<br \/>\nwith regard to various matters, like, return of dowry etc- is mentioned from<br \/>\nClauses 6 to 10 which reads thus :\n<\/p>\n<p>&#8220;6. That both the parties agreed to return the items of Istridhan and other<br \/>\narticles presented to each other at the time of marriage and<br \/>\nthereafter. Consequently, thereupon, it was also decided that party<br \/>\nNo. 1 will pay a sum of Rs. 30,000\/- in cash to party No. 2 as<br \/>\ncompensation of expenses incurred on the marriage party and<br \/>\nmiscellaneous expenses..\n<\/p>\n<p>7. That out of their wed-lock, a son named Mr. Gaurav was born on<br \/>\n20.2.1993 and it was decided that the son will be given to Party No. 1.\n<\/p>\n<p>8. That the articles gifted by the Party No. 2 to Party No. 1 containing<br \/>\nclothes, beddings, furniture, steel box (Peti), utensils and golden ornaments etc. will be returned by party No. 1 to party No. 2<br \/>\nsimultaneously on the above transaction.\n<\/p>\n<p>9. That both the parties will have no right to seek any legal Court which<br \/>\nand with this undertaking.\n<\/p>\n<p>10. That on completion of the above terms and conditions, both the parties<br \/>\nare at liberty to marry any where they like and there will be no<br \/>\nobjection to each other.&#8221;\n<\/p>\n<p>5. Clause 6 recites that both the parties had agreed to return the items of<br \/>\nIstridhan and other articles presented to each other at the time of marriage. It has<br \/>\nalso been recited that a sum of Rs. 30,000\/- in cash will be paid to party No. 2 as<br \/>\ncompensation of expenses incurred on the marriage party and miscellaneous<br \/>\nexpenses. Clause 7 is with regard to minor son, Gaurav and it is recited that he will<br \/>\nbe given to party No. 1. With regard to articles gifted by party No. 1 to party No.<br \/>\n2, again it is mentioned that the same will be returned by party No. 1 to party No.\n<\/p>\n<p>2. Clause 10 mentions that on completion of above terms and conditions, both the<br \/>\nparties would be at liberty to marry again. The scope of this petition is not to<br \/>\ndecide the authenticity of the deed, referred to above, nor can the same be decided<br \/>\nwithout recording evidence of the parties.\n<\/p>\n<p>6. However, Mr. Mittal, learned Counsel for petitioner, vehemently<br \/>\ncontends that the deed, Annexure R-l, was got signed by respondents on the<br \/>\nthreat that the only son, Gaurav, would be killed. Even though, as mentioned<br \/>\nabove, this Court is ill-equipped at this stage without there being any evidence to<br \/>\ncomment upon the authenticity, validity and legality of deed, Annexure R-l, one<br \/>\nthing is, however, certain that whereas all the terms and conditions, it appears,<br \/>\nwere to be complied with, it is not understandable as to why Gaurav, minor son<br \/>\nwas to be given at that very time when the deed aforesaid was executed.\n<\/p>\n<p>7. Mr. Bhatia, learned Counsel for the respondents, however, contends that<br \/>\nthe language of the deed may show that terms thereof-were to be complied with<br \/>\non a later date but as a matter of fact everything was done at the time when deed<br \/>\naforesaid was executed. However, he is unable to show receipt of Rs. 30,000\/-<br \/>\nalleged to have already been paid to petitioner.\n<\/p>\n<p>8. It is settled that in matters concerning custody of minor, the paramount<br \/>\nconsideration is welfare of the child, Gaurav, minor child of petitioner-wife and<br \/>\nrespondent No. 1-husband is admittedly one year old and it has nowhere been<br \/>\ndenied that he is living on breast feed. The tender age of the child and condition<br \/>\nof his mother, who is likely to develop some physical problem on account of the<br \/>\nfact that milk is still flowing from her breasts, guides this Court to direct<br \/>\nrespondent-husband to immediately give the child to his mother from whose<br \/>\ncustody, admittedly, he was taken. <a href=\"\/doc\/373752\/\">In Mrs. Veena Kapoor v. Varinder Kumar<br \/>\nKapoor, AIR<\/a> 1982 SC 792, a petition of habeas corpus filed by the wife was<br \/>\ndismissed by the High Court and when the matters was taken to the Apex Court,<br \/>\nit was held that it is well-settled that in matters concerning the custody of minor<br \/>\nchildren, the paramount consideration is the welfare of the minor and not the legal<br \/>\nright of this or that particular party. The High Court, without adverting to this<br \/>\naspect of the matter, has dismissed the petition on the narrow ground that the custody of child with the respondent cannot be said to the illegal&#8221;. The facts of the<br \/>\ncase aforesaid reveal that Dr. (Mrs.) Veena Kapoor filed petition of habeas corpus<br \/>\nasking for the custody of the child alleging that he was in illegal custody of her<br \/>\nhusband. Petition was dismissed by-learned Single Judge of this Court.\n<\/p>\n<p>9. Where lies ultimate interest of minor, i.e. to be in the care and custody of<br \/>\nmother or father, is however a question which cannot be decided by this Court<br \/>\nas that necessarily requires recording of evidence. This matter has to be decided<br \/>\nin a petition to be filed by either of the parties under Section 25 of the Guardian<br \/>\nWards Act read with Section.6 of the Hindu Minority &amp; Guardianship Act, 1956.<br \/>\nLearned Counsel for petitioner undertakes that such petition would be filed by<br \/>\npetitioner within a month from today. Inasmuch as the child is of very tender age<br \/>\nand at present it is necessary for him to stay with his mother, it is ordered that he<br \/>\nbe immediately handed over to petitioner-mother. This arrangement, as said in<br \/>\nmy order pronounced and dictated in Court, shall last only till such time the<br \/>\nDistrict Judge, Sangrur decides the matter regarding interim custody of the minor<br \/>\nin a petition to be filed by petitioner under Section 25 of the Guardian &amp; Wards Act<br \/>\nread with Section 6 of the Hindu Minority &amp; Guardianship Act, 1956. As<br \/>\nundertaken by the Counsel, petitioner shall file such petition within one month<br \/>\nfrom today. The question of handing over the child either to mother or father,<br \/>\nwould be finally disposed of in the petition to be filed by wife in due course of time<br \/>\nbut the question with regard to interim custody be decided within three months<br \/>\nfrom the date respondent is served in the petition to be filed by the wife, as<br \/>\nmentioned above.\n<\/p>\n<p>10. This petition is, thus, disposed of in the manner indicated above.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Punjab-Haryana High Court Kiran Rani vs Krishan Kumar on 1 March, 1994 Equivalent citations: I (1996) DMC 223, (1994) 107 PLR 721 Author: V Bali Bench: V Bali JUDGMENT V.K. Bali, J. 1. Kiran Rani, it appears from the facts of this case, has approached this Court through present petition filed by her under Article [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,28],"tags":[],"class_list":["post-192966","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Kiran Rani vs Krishan Kumar on 1 March, 1994 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/kiran-rani-vs-krishan-kumar-on-1-march-1994\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Kiran Rani vs Krishan Kumar on 1 March, 1994 - Free Judgements of Supreme Court &amp; 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