Punjab & Haryana High Court Grants Interim Custody Of Minor To Wife After Drunk Husband Hit Her Lawyer In Court, Directs Security Cover
In an unusual turn of events, a drunk man hit his wife's lawyer in court. Taking serious note of the incident, the Court granted interim custody of the couple's minor children to the mother and directed the Union Territory Administration to ensure her safety.The man had also failed to comply with Court's previous direction to bring the minor children at mother's residence for visiting...
In an unusual turn of events, a drunk man hit his wife's lawyer in court. Taking serious note of the incident, the Court granted interim custody of the couple's minor children to the mother and directed the Union Territory Administration to ensure her safety.
The man had also failed to comply with Court's previous direction to bring the minor children at mother's residence for visiting and spending time with their elder sister.
Justice Alka Sarin noted in the order that in the post-lunch session, "the counsel for the petitioner informed the Court that during the lunch break the respondent hit the counsel for the petitioner and that he was in a totally drunken state. She further apprised the Court that the Police was called on the spot who have taken the respondent in custody."
The High Court Bar Association President Sartej Narula apprised the Court that the litigant was taken in custody of the Police and that they are waiting for the statement of the counsel for the petitioner to be recorded in order to proceed further in the matter. He further assured the Court that all assistance would be rendered to the learned counsel for the petitioner and that somebody from the Executive Committee would accompany her to the Police Station.
Justice Sarin noted that respondent man's counsel's submission that the no pass was issued from his office to enter the Court premises.
"It appears that the respondent entered the Court premises without any authorization from his own lawyer. It remains uncertain as to whether the respondent was issued any pass or managed to enter the premises without a pass," the bench said.
At this juncture, the Bar President assured the Court that measures were being put into place and that soon no entry would be allowed without proper pass or RIFD Cards.
Justice Sarin highlighted that, "What is of great concern to this Court is that all the three minor children are present in Court today. On an interaction by this Court, both the children whose custody is with the respondent-father have expressed their willingness to accompany the petitioner-mother."
Considering the happening of unfortunate incident and unruly behaviour of the respondent, the Court deemed it appropriate to hand over the custody of both the minor children whose custody was with the respondent-father, to the petitioner-mother as an interim measure.
The Chandigarh administration on the enquiry of the Court, assured that adequate Police help would be provided to the petitioner since the petitioner apprehends that as the custody of both the minor children was being handed over to the petitioner-mother as an interim measure, the respondent-father may come and create a ruckus or indulge in unruly behaviour.
The case is listed for October 31, for further consideration.
Petitioner – Baljeet Kaur – with Ms. Simi Kandra, Advocate.
Mr. Parvinder Singh, Advocate for the respondent. Mr. Manish Bansal, PP UT Chandigarh.
Title: BALJEET KAUR V/S VIMAL PARKASH