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Judgments of Supreme Court of India and High Courts

Dr. Hanspreet Sekhon vs Harvarinder Singh Sekhon on 26 September, 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Sr. No. 259 CR-3335-2019
Date of decision : 26.09.2019

Dr. Hanspreet Sekhon ….. Petitioner

VERSUS

Harvarinder Singh Sekhon ….. Respondent

CORAM: HON’BLE MR. JUSTICE DEEPAK SIBAL
Present: Petitioner in person with Mrs. G. K. Mann, Advocate.

Respondent in person with Mr. K. S. Dhillon, Advocate.

*******
DEEPAK SIBAL, J. (ORAL)

The present petition is directed against the order dated

15.03.2019, passed by the Civil Judge (Senior Division), Mohali (for short,

the Trial Court), through which during the pendency of the petition filed by

the petitioner-wife under Sections 7 and Section12 of the Guardians and SectionWards Act,

1890 she has been denied interim custody of the minor children of the

parties.

Learned counsel for the parties submit that in the petition filed

by the petitioner before the Trial Court issues have been framed and that one

of the witnesses of the petitioner has also been examined in chief.

That being so, the Trial Court is directed to dispose of the

petitioner’s petition by 31st January, 2020, in accordance with law.

In the meanwhile, after having met both the minor children of

the parties in Chamber, with their consent, it is directed that on 27.09.2019

at 2 pm the respondent-husband shall hand over the custody of the minor

children to the petitioner-wife at Mohali and pick them up the next day i. e.

28.09.2019 at 5 am.

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CR-3335-2019 [2]

Thereafter on 06.10.2019 the girl child of the parties shall be

brought by the respondent-husband from Nepal to Mohali where her custody

shall be handed over to the petitioner-wife and that she would stay with the

petitioner-wife till 13.10.2019. During such period, to enquire about the

child’s welfare, the respondent-husband would be at liberty to not only talk

to the girl child but also to visit the place(s) where the girl child would

reside with her mother. On terms to be mutually agreed by the parties, the

respondent-husband is also at liberty to take the girl child for some time and

spend time with her.

In the winter vacations, the respondent-husband shall bring both

the children from Nepal to Mohali and hand over their custody to the

petitioner-wife where they shall stay with her for two weeks i.e. from

07.12.2019 to 21.12.2019. Thereafter for one week i.e. till 28.12.2019 both

the children shall be kept by the respondent-husband in Mohali where the

petitioner-wife would have access to them on mutual convenience of the

parties.

The petition is disposed in the above terms.

26.09.2019 [ DEEPAK SIBAL ]
shamsher JUDGE

Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No

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