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.
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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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