2023 Supreme(Online)(DEL) 9451
DELHI HIGH COURT
TIRPAT SINGH BANSAL – Appellant
Versus
JAGWANT KAUR – Respondent
MAT.APP.(F.C.)-32/2023 2023:DHC:7021-DB
MAT.APP.(F.C.) 32/2023
Page 1 of 13
1*
IN THE HIGH COURT OF DELHI AT NEW DELHI
%
Reserved on: August 04, 2023
Pronounced on: September 26, 2023
+
MAT.APP.(F.C.) 32/2023 & CM APPL. 4831/2023 & 4832/2023
TIRPAT SINGH BANSAL
.... Appellant
Through:
In person with Ms. Seema Seth &
Mr. Shreya Maggu, Advocates
Versus
JAGWANT KAUR
..... Respondent
Through:
In person with Mr. Bipul Kumar,
Advocate
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
JUDGMENT
SURESH KUMAR KAIT, J
1.
The order dated 17.01.2023 passed by learned Family Court, Delhi in
G.P. No.61/2020 titled as „Jagwant Kaur vs. Tirpat Singh Bansal‟ has been
assailed by the appellant in the present appeal. By the impugned order dated
17.01.2023, learned Family Court while deciding application under Section
12 of Guardians & Wards Act r/w Section 6 of the Hindu Minority &
Guardianship Act, 1956 r/w Section 151 CPC in respect of interim custody
of the minor girl child of the parties, has inter alia granted her interim
custody to the respondent-wife.
Digitally Signed
By:ROSY MUNJAL
Signing Date:26.09.2023
14:46
Signature Not Verified
MAT.APP.(F.C.) 32/2023
Page 2 of 13
2.
The back forth of the case, as spelt out in the present appeal, are that
the marriage between the parties was solemnised on 01.11.2017 as per
Hindu Rites and ceremonies, and out of this wedlock, a girl child was born
on 08.01.2019 at Dehradun, at the maternal home of respondent-wife.
3.
The appellant in the present appeal has averred that respondent-wife
who has been working as Geologist with the Geological Survey of India, has
to spend about 100 days in the field in remote areas in a span of 8 months.
The appellant has averred that on 07.01.2020, when respondent-wife was
away due to field work and had carried the girl child with her, he
surprisingly visited them on the birthday of the child and found that one of
her colleague was sharing her premises.
4.
According to appellant, on 01.03.2020, the respondent-wife went to
Pune for her field job, leaving behind the child with the appellant and
thereafter, abandoned her. In July, 2020, he claims to have received a call
from respondent-wife that she wanted divorce and also wanted to take the
child to Dehradun with her.
5.
In August, 2020, the appellant-husband filed a Guardianship Petition
being G.P. No.24/2020 seeking injunction to restrain the respondent-wife
from forcibly taking the child away. On 31.08.2020, a consent order was
passed by the learned court wherein the respondent-wife was permitted to
have virtual meeting with the child for half an hour every day.
6.
Thereafter in December, 2020, a Guardianship Petition being G.P.
No.61/2020, under Section 23 of the Guardians and Wards Act, was filed by
respondent-wife wherein an application under Section 12 of the Act and
Section 6 of the Hindu Minority & Guardianship Act, 1956 was also filed.
Digitally Signed
By:ROSY MUNJAL
Signing Date:26.09.2023
14:46
Signature Not Verified
MAT.APP.(F.C.) 32/2023
Page 3 of 13
In the said petition, vide order dated 15.01.2021, learned Family Court
allowed the respondent-wife to meet the child in City Mall, Sector-21,
Dwarka for one hour. Vide order dated 27.02.2021, the learned Family
Court granted custody of the child for one week to the respondent-wife. The
appellant-husband thereafter withdrew G.P. 24/2020.
7.
The appellant has asserted that pursuant to order dated 27.02.2021,
the custody of the child was given to respondent-wife and when the child
came back after a week, she was in a pitiable condition and looked
extremely weak, traumatised and shocked.
8.
Learned Family court vide order dated 02.06.2