DR. B. R.

AMBEDKAR NATIONAL LAW UNIVERSITY

RAI, SONEPAT
________________________________________________________
2022-23

Petition for Custody of Children under Section

26 of Hindu Marriage Act, 1955

SUBMITTED TO: SUBMITTED BY:

Dr. Amit Guleria Aayushmaanagnihotri(2101126)
Assistant Professor (Law) B.A. LLB (Hons) (Sem III)
DBRANLU, Sonepat DBRANLU, Sonepat
ACKNOWLEDGEMENT
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I would like to express my sincere gratitude to Dr. Amit Guleria, Assistant
Professor for providing me with an opportunity to work on this project and
allowing me to research on the topic. This project has allowed me to understand
the topic in a much better way and also added to my knowledge many important
topics that would be helpful to me in the future.

I would also like to thank my fellow students who have helped me in the
preparation of this project by providing valuable inputs from time to time.

TABLE OF CONTENTS

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1. Petition and Statement of Facts……………………………...4

2. Prayer………………………………………………………..6

3. Verification of Facts…………………………………………6

4. Power of Attorney / Vakalatnaamah………………………...7

5. Affidavit……………………………………………………..10

6. Verification for Affidavit…………………………………....11

IN THE COURT OF THE PRINCIPAL FAMILY JUDGE, BUDAUN

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 AT BUDAUN
HINDU MARRIAGE PETITION No. 57 of 2022

IN THE MATTER OF
SHRI RAMAN SINGH s/o INDER SINGH
Resident of # A-726, Avas vikas colony , Budaun
……………………………………Petitioner

Versus

SMT. SAUMYA SINGH d/o SANJAY SINGH

Resident of #B-316, Avas vikas , Budaun
………………..……………………Respondent

The Petitioner most respectfully submits that-

1. That the parties involved profess and practice Hindu religion and are domiciled in
India
2. The petitioner got married with the respondent on 26-1-1991 at Budaun according to
Hindu religion and custom. The parties to the case have two sons from this wedlock
namely, Shivam and Mangesh born on 8-10-1992 and 7-11-1993 respectively. Both
parties are from Aryavaishya Samaj and their marriage was an arranged marriage.
3. That a petition for divorce on the ground of cruelty between the parties is pending before
this learned court vide petition no 24 of 1997 .
4. That the children out of this wedlock are currently staying with the petitioner and the wife
is not staying in the matrimonial home.
5. The petitioner , having noticed frequent visits of the wife to her parents and looking to her
bold behavior resulting in free movement in the society, started suspecting her character;
which, ultimately, resulted in daily matrimonial bickerings between husband The
character resulted in making enquiries about her life style prior to their marriage. The
petitioner claimed to have learned that the appellant-wife had some illicit relations with

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 one of her college colleagues namely Raju Babar. This suspicion in the mind of the
husband ultimately, gave rise to a matrimonial dispute.
6. That one day the respondent wife had taken leave from her work on account of her bad
health which the petitioner believe and he went to the office the petitioner in the office
continuously called the respondent to know about her health when the respondent did not
received the call the petitioner got worried he rushed to the house where he found the
respondent on bed in compromising position with a man on seeing the petitioner she rose
and said that he is just a friend and came here to take her knowhows the petitioner
ignored this as this might be true but these types of incidents continued in the absence of
petitioner.
7. That the respondent is suffering from vulnerable disease and she regularly fell ill and cant
take proper care of his family and children
8. That the children did not want to stay with the mother .
9. That the petitioner husband is having all the necessary resources to take care of the
children and for their proper development on the other hand the wife is not having all
these resources.
10. That in these circumstances the custody of the child is liable to be given to the one who is
the natural guardian, next friend and father of the minor child.
11. That proper court fee has been affixed on this petition .
12. That there is no legal ground or reason which may legally bar the relief prayed for herein
below by the petitioner.

PRAYER

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It is thereby prayed that the application of the petitioner may kindly be accepted
and the custody of children namely ‘Shivam Singh and Mangesh Singh be
given to the petitioner in the name of justice.

Place: BUDAUN PETITIONER

Dated: 07-11-1994 Through counsel

VERIFICATION
The petitioner states on solemn affirmation that the contents of paras 1 to 12 of
the petition are correct and true to the petitioner’s knowledge, belief and
information and nothing material has been concealed therefrom.

Last para is a prayer to this Hon’ble Court.

Verified at BUDAUN on 7th November, 1993 (7-11-1993)

PETITONER

Power of Attorney (Vakalatnaamah)

IN THE COURT OF THE PRINCIPAL FAMILY JUDGE,

BUDAUN DISRICT
AT BUDAUN
HINDU MARRIAGE PETITION NO. 57 of 2022

Name: RAMAN SINGH

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Age: 32
Residence: #A-726,Avas vikas colony , BUDAUN
………………………………Petitioner

Versus

Name: SAUMYA SINGH

Age: 31
Residence: B-316, Avas vikas colony , Budaun

KNOW All, to whom these presents shall come that I, RAMAN SINGH s/o
INDER SINGH, appoint HARISH SALVE s/o DARMENDRA SALVE ,
hereinafter called the ‘Advocate’ to be the advocate for the aforementioned
case and to do all the following acts, deeds and things or any of that is to say,

1. To act, appear and plead in the above-noted case in this court or in any
other court in which the same may be tried or heard and also in the
appellate court including High Court subject to payment of fees
separately for each court by me.
2. To sign, file, verify and present pleadings, appeals, cross-objections or
petitions for executions, review, revision, withdrawl, compromise or
other petitions or affidavits or other documents as may be deemed
necessary or proper for the prosecution of the said case in all its stages
subject to payment of fees for each stage.
3. To file and take back documents, to admit and/or deny the documents of
opposite party.
4. To withdraw or compromise the said case or submit to arbitration any
differences or disputes that may arise touching or in any manner relating
to the said case.

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5. To take execution proceedings.
6. To deposit, draw, and receive monthly cheques, cash and grant receipts
thereof and to do all other acts and things which may be necessary to be
done for the progress and in the course of prosecution of the said case.
7. To appoint and instruct any other Legal Practitioner authorizing him to
exercise to power and authority hereby conferred upon the Advocate
whenever he may think fit to do so and sign the power of attorney on our
behalf.

AND I the undersigned do hereby agree to rectify and confirm all acts done
by the advocate or his substitute in the matter as our own acts, as if done by
me to all intents and purposes.

AND I undertake that I or my duly authorized agent would appear in court

on all proceedings and will inform the advocate for appearance when the
case is called.

AND I the undersigned do hereby agree not to hold the advocate or his
substitute responsible for the result of the said case. The adjournment costs
whenever ordered by the court shall be of the advocate, which he shall
receive and retain for himself.

AND I the undersigned do hereby agree that in the event of the whole or part
of the fee agreed by me to be paid to the advocate remaining unpaid he shall
be entitled to withdraw from the prosecution of the said case until the same
is paid up. The fee settled is only for the above case and above court. I agree
that once fee is paid, I would not be entitled for the refund of the same in any
case whatsoever and if the case prolongs for more than 3 years the original
fee shall be paid again by me.

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 IN WITNESS THEREOF, I do hereunto set my hand to these presents the
contents of which have been understood by me on this 7th day of
NOVEMBER 1994.

ACCEPTED subject to the terms of the fees Rs. 15000/- (RUPEES ONE
LAKH ONLY)

Sd/-
ADVOCATE
PETITONER

AFFIDAVIT

IN THE COURT OF PRINCIPLE JUDGE, FAMILY COURT, SONEPAT

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In re:

SHRI RAMAN SINGH s/o INDER SINGH

.………………………….Petitioner
Versus

SAUMYA SINGH d/o SANJAY SINGH

…………………………..Respondent

Affidavit of RAMAN SINGH s/o INDER SINGH r/o BUDAUN

I, the above named deponent, do hereby solemnly affirm and declare as under:
1. That the marriage between the deponent and respondent was solemnized
at KRISHNA LAWN , BUDAUN on 26 JANUARY 1991(26-1-1991).
2. That the parties to the marriage after solemnization lived together, co-
habited as husband and wife. From the aforesaid wedlock, two child was
born.
3. That the petition for divorce is pending before this court.
4. That the present petition is filed keeping in mind the welfare of the
child.
5. That the present petition is not presented or prosecuted in collusion with
the respondent

DEPONENT

VERIFICATION

Verified at BUDAUN on 7th NOVEMBER 1991 (7-11-1994) that the contents

of paras 1 to 3 are true to the best of my knowledge and belief.
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DEPONENT

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