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2017 Supreme(P&H) 2503

DAYA CHAUDHARY
Daljit Singh – Appellant
Versus
Sarabjit Kaur – Respondent


Advocates Appeared:
For the Appellant :Mandeep Kumar Dhot, Advocate
For the Respondents:Harshit Jain, Advocate.

JUDGMENT :

DAYA CHAUDHARY, J.

1. The present revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 16.03.2016 passed by the Sub Divisional Judicial Magistrate, Malerkotla, whereby, the petitioner has been directed to produce the minor child, namely, Prabhjit Singh, who is about 16 years of age, in the Court at Malerkotla on the last Friday of every month.

2. Briefly, the facts of the case are that the petitioner was married with respondent on 02.12.1997 and out of the said wedlock, a male child was born on 30.09.1999. However, due to temperamental differences, the marriage could not succeed and both the parties decided to depart from each other by way of filing joint petition under Section 13-B of the Hindu Marriage Act. The said petition was allowed and it was mutually decided by both the parties that minor son, namely, Prabhjit Singh shall remain in the custody of the petitioner-husband, whereas, no visiting right was granted to the respondent-wife. Thereafter, petitioner performed his second marriage and in the meantime, respondent-wife also got married with one Avtar Singh and out of said wedlock, two children we














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