IN THE COURT OF SHRI SANJAY KUMAR,JUDGE

FAMILY COURTS, KARKARDOOMA NEW DELHI

IN HMA NO.543/2019

IN THE MATTER OF:

SH. PANKAJ MATHPAL

S/O SH. JAGDISH CHADRA MATHPAL
R/O H.NO 301/1, GALI NO. 2, KRISHNAPURI
MANDAWALI, DELHI-110092 …… PETITIONER

VERSUS
SMT. SEEMA MATHPAL
W/O SH. PANKAJ MATHPAL
R/O H.NO 301/1, GALI NO. 2, KRISHNAPURI
MANDAWALI, DELHI-110092 …… RESPONDENT

APPLICATION UNDER SECTION 26 OF HINDU

MARRIAGE ACT, READ WITH SECTION 151 CODE
OF CIVIL PROCEDURE FOR INTERIM ORDERS OF
CUSTODY OF MASTER UTKARSH MATHPAL.

MOST RESPECTFULLY SHOWETH:

1. That a petition for dissolution of

marriage by decree of divorce under
section 13 (1) (i) and 13 (1) (i-a) of
the Hindu Marriage Act, 1955 is pending
before this Hon’ble court and the same is
listed for petitioner’s evidence on
14.12.2021.

2. That the present divorce petition has

been filed by the petitioner on the
grounds that the respondent was involved
in having illicit relations outside her
marriage and have also subjected the
petitioner to cruelty. The petition is
supported with cogent evidences pointing
towards the cruelty caused by the
respondent towards the petitioner.
Furthermore, the facts and circumstances
as stated in the divorce petition are not
repeated herein for the sake of brevity
and therefore the same may be read in
part and parcel of this application.

3. That as per the facts stated in the

divorce petition, out of the wedlock the
 parties were blessed with a male child
named Utkarsh Mathpal on 17.12.2012, who
is presently aged about 9 years.

4. That it is pertinent to mention here

that during the pendency of the present
divorce petition the respondent has been
living under the same roof with the
petitioner and his parents. It is further
submitted that the respondent is
presently having complete control and
custody of master Utkarsh Mathpal. It is
further pointed out that all the
necessary and basic needs of the
respondent are being taken care by the
petitioner and the petitioner also
provides monthly interim maintenance to
the respondent as well

5. That the respondent has confined

herself and Master Utkarsh Mathpal in a
single room in the rented premises of the
petitioner. It is further submitted that
the respondent does not take any part in
the household work and does all the
household work separately which includes
preparation of food, washing of clothes,
cleaning etc.

6. That the respondent is practically

living separately from the petitioner and
his family in the same residence.

7. That the respondent at all times keeps

the custody of the child i.e., Master
Utkarsh and does not allow Master Utkarsh
to talk or interact with the petitioner
or his family. The respondent makes sure
that the petitioner or his family has no
access to Master Utkarsh despite living
under the same roof. It is further
submitted that the respondent hurls abuse
towards the petitioner and his family and
inflict physical abuse on master Utkarsh
whenever she sees him interacting with
the petitioner or his parents.

8. That all the expenses towards the

maintenance of master Utkarsh which
includes food, clothing, education, toys
 etc. or any other miscellaneous expenses
are being completely taken care by the
petitioner. The petitioner also follows
up the education of master Utkarsh from
his school and does everything in his
capacity to make sure proper development
of Master Utkarsh. However, the
petitioner can only oversee the
development of master Utkarsh to an
extent because the respondent restricts
the access of the petitioner towards the
child. A copy of the school fee paid by
the petitioner is annexed herewith and
marked as ANNEXURE P-1

9. That the respondent does not holds a

good moral character and has been
ignorant towards the upbringing and
growth of her son Master Utkarsh Mathpal.
Due to the abusive and filthy language
used by the respondent the growth and
mannerism of Utkarsh Mathpal are being
seriously effected as the child is also
learning and hurling abuses inside and
outside the house. Further the
performance of master Utkarsh in school
is also affected and several complains
have also been received from the school
against master Utkarsh. Hence, such
environment is not in the best interest
and welfare of the child i.e., master
Utkarsh.

10. That furthermore, the respondent never

cared for a hungry child also as she
would not cook any food or do any
household work of other work related to
their son.

11. That the respondent in spite of living

in the same house with the petitioner,
she does not allow the petitioner to even
see his own son for many days. It is
further pertinent to mention that the
respondent goes out of the house for long
hours and she does not leave master
Utkarsh either in the care of the
petitioner or his parents. On the other
hand, the respondent leaves master
Utkarsh in custody of other unknown
 people instead of leaving him in the care
of his grandparents.

12. That the petitioner is a reputed man

and holds a good stature in the society
being a priest in the temple of Sai Baba
Mandir. The respondent has ruined the
prestige and reputation of the
petitioner’s family which was earned in
the past many decades.

13. That according to ‘Manusmiriti’ the

foundation of marriage rests on three
pillars, namely, “bilateral respect,
mutual understanding and trust”. Trust is
the main motivating force. The respondent
has breached the motivating force, trust
of the petitioner by having numerous
illicit and vulgar relations outside the
marriage.

14. That the petitioner keeps their son in

confinement, thus hampering his natural
growth, progress and development during
his “impressionable age” as he is not
getting love and affection of his beloved
father. The child is forced to see a
disturbed environment created by the
respondent which adversely effects his
mental health. The child is under
constant fear of the respondent that he
might get a beating or will be scolded by
the respondent.

15. That without understanding the fact

that somehow due to temperamental
differences and wear and tear of marriage
life which naturally happens with the
passage of time, the respondent should
not have restrained the petitioner from
keeping a connection with his own son.

16. That the above-mentioned act of the

respondent was not only a cruelty to the
petitioner but also a premeditated design
and conspiracy to deprive the petitioner
of his son Utkarsh.

17. That to keep the son in confinement

will damage the psyche of the child and
will further hamper his natural growth,
 progress and her emotional development
and the same is not in the best interest
an d welfare of the child.

18. That the respondent has been instigated

and she allowed her brain to be polluted
by her mother and her family against the
petitioner and his family members. Such
unnecessary and unwarranted interference
on their part has been jerking and
shaking the bond of trust/faith of both
of them which resulted to be miserable
and causing derailment of normal life of
the petitioner and the respondent and the
same is not in the best interest and
welfare of the child.

19. That it is pertinent to mention here

that the respondent does not pay
attention towards her son’s education and
school affairs. It is submitted that the
only petitioner who takes care of his
son’s education, school affairs and other
affairs.

20. That the respondent does not care about

the growth and education of the child and
it is the petitioner that takes care of
the school fees and other educational
needs of their son.

21. That the son Utkarsh is not leading a

full and wholesome life and there is no
balanced growth. He is devoid of self
esteem. He craves for the mature
counseling which he can receive only from
her father. The same is not not in the
best interest and welfare of the child.

22. That the child is being brought-up like

an imprisoned bird in a cage and with no
interaction with his father or
Grandparents. Whereas the Respondent is
holding the child only as a pawn to
achieve her ulterior motives of
extracting money being totally unmindful
in this process of the incalculable harm
and damage which she is inflicting upon
the child.
23. That in contrast and in contradictions,
the Petitioner and his family members are
more eminently qualified and settled to
keep the child under their wings and to
bring the child up as their blood:

(a) The Petitioner himself is an

earning sufficiently to keep-up and
maintain the demands of his child,
which are required for his education,
nourishments and day to day needs
besides bringing him up in a healthy
atmosphere, where family values can
be taught to her.

(b) The mother of the Petitioner is a

house lady and possesses good
ethical, moral and spiritual values.

24. That this application is for the

custody of the person of the minor child
Utkarsh Mathpal. The Petitioner wants to
bring up the child whom he has fondly
fathered and is able, willing and capable
of imparting all requisite guidance,
counseling and parental affection and to
do all acts, deeds and things necessary
for the all-round development and welfare
of the child.

25. That it is pertinent to mention that

the Section 6 of India’s Hindu Minority
and Guardianship Act, 1956 provides that
the natural guardian of a Hindu minor boy
or unmarried girl is the father, and only
after him, the mother.

26. That in view of the aforesaid facts and

circumstances, it is established beyond
doubt that the child is living in
miserable existence and his future is
unsecured and the paramount consideration
which is for the welfare of the minor son
requires that the Petitioner be appointed
the guardian of his son and permanent de-
facto custody control and guardianship
should vest hereinafter with the
Petitioner.
27. That the petitioners have not filed any
other similar application in this Hon'ble
Court or before any other court of law.

28. That the Petitioner has no interest

adverse to that of the minor.

PRAYER:

In view of the above-mentioned facts and

circumstances, it is, therefore, most
respectfully prayed that this Hon’ble Court
may graciously be pleased to:

(a) Pass interim orders handing over the

custody of the minor Son Utkarsh Mathpal
forthwith to the Petitioner and

(b) Such other or further reliefs be also

granted to the Petitioner which may be
deemed equitable, and just in keeping
with the principles of natural justice
and equity;
PETITIONER
DELHI
DATED: THROUGH

F.A KHAN
SYNDICATE LAW OFFICES
Solicitors & legal Advisors
A-35, LGF, Defence Colony
New Delhi-110024
VERIFICATION:
I, Pankaj Mathpal, the Petitioner, do
hereby verify at Delhi on this ___ day of
October, 2021 that the contents of paras No.1
to ___ of the petition are true and correct
to my knowledge and those of paras __ to __
of the petition are deemed to be true on the
basis of legal information received and
believed to be true. Last para is prayer to
this Hon’ble Court.

PETITIONER
 IN THE COURT OF SHRI SANJAY KUMAR, JUDGE
FAMILY COURTS, KARKARDOOMA NEW DELHI

IN HMA NO.543/2019

IN THE MATTER OF:

SH. PANKAJ MATHPAL ……………… PETITIONER

VERSUS

SMT. SEEMA MATHPAL …………………RESPONDENT

AFFIDAVIT
I, Pankaj Mathpal S/O SH. JAGDISH
CHADRA MATHPAL R/O H.NO 301/1, GALI NO. 2,
KRISHNAPURI MANDAWALI, DELHI-110092, do
hereby solemnly affirm and declare as under:-

1. That the deponent was married with the

Respondent on 02.06.2010, as per Hindu
rites and ceremonies at Delhi and out of
this wedlock a male child named as
Utkarsh Mathpal was born on 17.12.2012,
who is presently in the custody of the
Respondent.

2. That the contents of the accompanying

application under Section 26 of Hindu
Marriage Act,1955 are true and correct to
my knowledge and the same has been
drafted by my counsel under my
instructions, which are not being
repeated herein for the sake of brevity,
which may kindly be read as part and
parcel of this affidavit.

3. That I am Petitioner in the above noted

matter and am well conversant with the
facts and the circumstances of the case
and competent to swear this affidavit.

DEPONENT
VERIFICATION:

Verified at Delhi on this ____ day of

October 2021 that the contents of my above
affidavit are true and correct to my
knowledge. No part of it is false and nothing
material has been concealed therefrom.

DEPONENT