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Gurwinder Kaur vs Gurjit Singh on 30 January, 2020

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

123 CR-543-2020 (OM)

DATE OF DECISION: 30.01.2020

GURWINDER KAUR … Petitioner (s)

Versus

GURJIT SINGH … Respondent(s)

CORAM: HON’BLE MR. JUSTICE ANUPINDER SINGH GREWAL

Present: Mr. Amit Arora, Advocate for the petitioner(s).

ANUPINDER SINGH GREWAL, J. (ORAL)

Learned counsel for the petitioner contends that the

petitioner had been granted the custody of the minor in terms of the

settlement with the respondent at the time of dissolution of their

marriage by mutual consent on 03.12.2011. The custody of the minor

child had remained with the petitioner and he was studying in school.

The respondent had filed an application under Section 25 of the

Guardians and Wards Act, 1890, seeking the custody of the minor child

after 3 years on 21.05.2014. Ex parte judgment was passed on

22.09.2016. The petitioner learnt about the ex parte decree after

initiation of the execution proceedings when the custody of the minor

was taken away from the petitioner and handed over to the respondent.

She had promptly preferred an application under Order 9 Rule 13 CPC

for setting aside the ex parte decree on 02.08.2017, which has not been

decided till date which has caused grave prejudice to the petitioner as the

custody of her child has been taken away in execution of the decree passed

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CR-543-2020 (OM) 2

behind her back. He further submits that he is confining his prayer in this

petition to the expeditious disposal of the application under Order 9 Rule

13 CPC.

Heard.

The request of the counsel appears to be just and

reasonable. The application under Order 9 Rule 13 CPC is pending for

over three years. Consequently, the petition is disposed of with a

direction to the trial Court to consider and decide the application

preferred by the petitioner under Order 9 Rule 13 CPC expeditiously,

preferably within a period of 3 months from now.

(ANUPINDER SINGH GREWAL)
JUDGE
30.01.2020.

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

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