RANJIT SINGH, J. - (1.) THIS order will dispose of Crl. Misc. Nos. M -10867 and 13888 of 2009. Facts have been taken from Crl. Misc. No. M -10867 of 2009.
(2.) OUT of this matrimonial dispute between the petitioner and the complainant -respondent No. 3, sufferer is the innocent child. A female child, who has born out of this wedlock, is being used as pawn to fight the battle by this couple. Respondent No. 3 has registered FIR No. 49, dated 4.4.2009, under Sections 336/363/364/ 506/34 IPC and 27/54/59 under the provisions of the Arms Act, at Police Station Sadar, Nabha, District Patiala, against her ex -husband making allegation that he had kidnapped the child from her custody. The husband - petitioner, on the other hand, has filed this petition pleading that he is innocent and has been falsely implicated in this case in connivance of the police with the father of the complainant.
(3.) THE marriage between the petitioner and respondent No. 3 was performed on 27.1.2003. The parties lived together and out of this wedlock, a female child Damanjit Kaur was born. The relation between the parties became strained due to some temperamental differences. Both husband and wife have separated. When the parties could not reconcile their differences, they decided to get divorce by mutual consent under Section 13 -B of the Hindu Marriage Act. A joint petition was, accordingly, filed on 27.8.2007, which was decided on 20.9.2008. Copy of the judgment and decree has been placed on record as Annexure P -2.;