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Hon’Ble Sharad Kumar Sharma vs Dr. Siddhartha" To The on 10 February, 2020

WPMS No. 920 of 2019
Hon’ble Sharad Kumar Sharma, J.

Mr. Ravi Bisht, Advocate for the
petitioner.

Mr. D.C.S. Rawat, Advocate for the
respondent.

The petitioner in the present Writ
Petition has sought the following reliefs :-

“i) Modify the order dated 27-09-2018
passed by learned Family Court Kotdwar,
District Pauri Garhwal in Guardian Case No. 01
of 2018, “Dr. Jaya Vs. Dr. Siddhartha” to the
extent of fixing a date, time and place in
granting visiting right to the petitioner with her
daughter.

ii) Direct the Family Court Kotdwar to
decide the application under section 25 of the
Guardians and Wards Act, 1890 in Guardian
Case No.01 of 2018 “Dr. Jaya Vs. Dr.
Siddhartha” filed by the petitioner.

iii) Issue any other or further order or
direction which this Hon’ble Court may deem
fit and proper in the facts and circumstances of
the case.”

The principal challenge in the Writ
Petition is given to the order dated 27.09.2018,
as passed by the Judge, Family Court, Kotdwar,
District Pauri Gahrwal in Guardianship Case
No. 1 of 2018, Dr. Jaya Vs. Dr. Siddhartha,
whereby, by the impugned order under
challenge, the meeting rights have been
provided to the petitioner. When the Writ
Petition was entertained, the Court has made the
following arrangements vide its order dated 3rd
April, 2019, which is quoted hereunder :-

“Having considered submission of the
learned counsel for the petitioner, it is directed
that respondent shall permit the petitioner to
meet her daughter on every 15th and 30th of
the calendar month till morning to evening.
On 15th of every month, the petitioner shall
visit at Kotdwar to meet her minor daughter
and on 30th of every month the respondent
shall take the minor daughter to the residence
of the petitioner at Dehradun. The interim
relief application stands disposed of.”

As a consequence of the interim
arrangement, the petitioner was directed to visit
Kotdwar to meet her daughter on 15th of every
month and the respondent/husband was directed
to take the daughter to Dehradun on 30th of
every month so as to enable the petitioner to
meet.

The said arrangement as directed by the
order dated 3rd April, 2019 of the Coordinate
Bench, is not being disturbed at this stage.

The second prayer, which has been made
by the learned counsel for the petitioner in the
present Writ Petition was for issuing an
appropriate direction to the Family Court,
Kotdwar to take a decision on the application
filed under Section 25 of the Guardianship and
Wards Act.

Considering the interest of the minor,
which is of paramount consideration, the
Family Court, Kotdwar is requested to decide
the application under Section 25 of the
Guardianship and Wards Act, which has been
registered as Guardian Case No.01 of 2018, Dr.
Jaya Vs. Dr. Siddhartha, as expeditiously as
possible but not later than two months from the
date of production of certified copy of this
order. It is made clear that for the aforesaid
period of two months, the interim arrangement
of providing the meeting rights to the petitioner
by the order 03.04.2019 with her daughter
would be continued to be maintained.

The Writ Petition stands disposed of
accordingly.

(Sharad Kumar Sharma, J.)
Dated 10.02.2020
Shiv

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