13.09.2017. One daughter was born from the said wedlock, in the year 2020 and she is presently in the care and custody of the respondent/husband. Further, it is submitted that on account of the matrimonial dispute, the parties are residing separate. The applicant is not having any source of earning. Even, she has filed the petition under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 i.e. MNT/32/2024, as well as the complaint under the Protection of Women from Domestic Violence Act i.e. COMA/48/2022, which are pending in the Courts at Moonak and the respondent had not made appearance in both the said cases and has been proceeded against ex parte . Also, it is submitted that in a fraudulent manner, under the pressure of the elders, present in the Panchayat, Panchayati divorce was taken by the respondent. However, the applicant was oblivious of the contents of the said divorce. It was, at the time of panchayati divorce only, that the custody of the child was taken by the respondent in a fraudulent manner. Even though, the terms of the divorce, as drawn by the elders of the panchayat, for payment of Rs.85,000/- by the respondent, to the applicant, has been complied with, but however, the same was to be done, in a time bound period of up to 25.05.2022.
