CR No.4064 of 2018 (OM) 1

IN THE HIGH COURT OF PUNJAB HARYANA AT CHANDIGARH.

110 CR No.4064 of 2018 (OM)
Date of decision:21.12.2018

Gurpreet Kaur
… Petitioner
versus
Vikas Sood
… Respondent

CORAM: HON’BLE MR. JUSTICE AMOL RATTAN SINGH.

Present: Mr.A.K.Lambharia, Advocate,
for the petitioner
Mr.Vikas Sood, respondent in person
…

AMOL RATTAN SINGH, J. (Oral)

Pursuant to the order of this Court dated 13.12.2018, a report of

the learned trial Court (Additional Civil Judge, Senior Division,

Chandigarh), has been received, stating to the effect that ‘a meeting was

conducted with the child’ in the retiring room of the learned Presiding

Officer, with the child ‘well oriented, conscious and aware of the

surroundings’. She is also stated to have given rational answers to the

questions pertaining to her daily routine and schooling. On the learned trial

Court putting a specific query to the child, she is stated to have replied that

she wants to spend time with her mother.

Hence, the learned Additional Civil Judge has opined that the

child has no problem on spending weekends with her mother at the mothers’

home.

Again today, learned counsel for the respondent is not present

but the respondent has again appeared in person and upon this Court

observing that in view of the aforesaid report and the fact that obviously

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nothing untoward happened upon the child having been taken to the home

of the petitioner (mother) on the last weekend, and that she should be

allowed to go on every weekend, the respondent submits that since he is a

working person, he too should be allowed to spend some time with the child

on alternate weekends.

That request is considered genuine and consequently it is

directed that during the pendincy of the petition filed by the present

petitioner under the Guardians and Wards Act, 1989, before the learned trial

Court, during the coming winter vacation, i.e. w.e.f. 22.12.2018 to 6.1.2019,

the child would remain with the father, i.e. the respondent, from 22.12.2018

to 29.12.2018, and with the mother, i.e. the petitioner, from 30.12.2018 to

6.1.2019.

Thereafter, while the petition before the learned trial Court

subsists, the child would spend every alternative weekend at the houses of

the petitioner and the respondent, with that Court, of course, on the dates

fixed by it for hearing, each time assess the situation as regards the

willingness of the child to go to the mothers’ home during the pendency of

that petition, with both the parties naturally directed by this Court to ensure

that the childs’ mind is not poisoned against the other party, during the time

that she spends with either.

Obviously, monitoring of what is said to the child in either

home cannot even begin to be commented upon by this Court, but the trial

Court would ensure that if there seems to be any kind of tutoring of the

child on each time that the Court meets with her, appropriate steps are taken

by that Court against the party violating this order.

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Learned counsel for the petitioner submits that the mother

should also be allowed to attend the parent teacher meetings held in the

school of the child.

That request is rather strange, because unless the school itself is

not allowing either of the parents to come for the parent teacher meeting,

either party, i.e. the father or the mother, cannot stop the other from

attending the meeting, it being a parent-teacher meeting and not a “father/

mother meeting”. Naturally therefore, both the parents would be allowed to

attend the parent teacher meeting.

The petition is disposed of accordingly.

21.12.2018 ( AMOL RATTAN SINGH )
pk JUDGE

Whether speaking/reasoned Yes
Whether Reportable Yes

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