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Sonal Agarwal vs Rajat Agarwal on 5 April, 2018

202
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

TA No. 851 of 2017 (O/M)
Date of decision : 5.4.2018

Sonal Agarwal ……. Petitioner

Versus

Rajat Aggarwal ……. Respondent

CORAM : HON’BLE MR. JUSTICE KULDIP SINGH

Present:- Mr. Shvetanshu Goel, Advocate, for petitioner.

Respondent in person.

1. Whether the Reporters of local newspaper may be allowed to
see the judgment ?

2. To be referred to the Reporter or not.

3. Whether the judgment should be reported in the digest ?

-.- -.-

KULDIP SINGH J. (ORAL)

Reply filed in Court today and same is taken on record.

This is an application filed under Section 24 read with Section

151 of Code of Civil Procedure, 1908, for transfer of applications, pending

before the Court of learned District Judge, Family Court, Gurgaon, to the

Court of learned District Judge, Mohali.

The facts of the case are that petitioner wife had instituted a

petition against respondent under Sections 7 and 25 of the Guardians and

Wards Act, 1890, read with Section 6 of the Hindu Minority and

Guardianship Act, 1956, before the learned District Judge, Family Court,

Gurugram, on 3.11.2016. The learned District Judge, Family Court,

Gurugram, vide judgment dated 30.5.2017, allowed the said application

and handed over the custody of minor girl of the parties, namely, Dishta

Aggarwal, to the present petitioner. Since respondent declined to accept the

visiting rights at the time of arguments, therefore, he was given liberty to
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TA No. 851 of 2017 (O/M) -2-

file application for seeking visitation rights qua child. Petitioner, who was

earlier residing at Rohini, New Delhi, has now shifted to Zirakpur in District

Mohali. Both the parties do not dispute that FAO-4545-2017 is pending

before this Court and is fixed for 29.5.2018.

Now, after the decision of said application and during pendency

of appeal, respondent husband has filed two applications before the learned

District Judge, Family Court, Gurugram. In the first application filed under

Section 43 (1) of the Guardians And Wards Act, 1890, read with Sections 6

and 8 of the Hindu Minority and Guardianship Act, 1956, (Annexure-P-2),

he seeks regulating the conduct of respondent with respect to guardianship

of minor Dishta Aggarwal. In the second application filed under Sections

39 (A), 39(E) and 39(H) of the Guardians and Wards Act, 1890, read with

Sections 6 and 8 of the Hindu Minority and Guardianship Act, 1956, he

seeks removal of respondent as guardian.

I am of the view that subject matter of both the applications can

be pressed in FAO-4545-2017, which is pending before this Court and this

Court while hearing the appeal can consider the contention of respondent

regarding regulating the conduct of present petitioner regarding the

guardianship. This Court can always decide as to whether order of grant of

custody of minor child to mother is justified or not ? Respondent can always

press before this Court that said order be set aside which will have effect of

removal of petitioner from the guardianship of minor child. The said

applications are nothing, but resulting in multiplicity of litigations regarding

plea which can be easily raised before this Court in the first appeal and can

be decided in appeal. As such both applications (Annexure-P-2 and

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TA No. 851 of 2017 (O/M) -3-

Annexure-P-3) are withdrawn from the Court of learned District Judge,

Family Court, Gurugram, and are transferred to this Court, to be decided

with FAO-4545-2017, fixed for 29.5.2018. Consequently, petition is

disposed of. Since main case has been disposed of, therefore, pending

application, if any, also stands disposed of.

(KULDIP SINGH)
JUDGE

5.4.2018
sjks

Whether speaking / reasoned : Yes / No

Whether Reportable : Yes / No

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