IN THE HIGH COURT OF PUNJAB AND HARYANA
(222) FAO-2796-2018 (OM)
Date of Decision: October 01, 2018.
Lovepreet Kaur @ Surinderjit Kaur @ Simranjit Kaur @ Simmi
CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI
HON’BLE MR. JUSTICE ANUPINDER SINGH GREWAL
Present: Appellant in person with Mr. Sandeep Wadhawan, Advocate.
Respondent in person.
M.M.S. BEDI, J (ORAL)
Vide impugned judgment and decree dated 26.03.2018, petition
under Section 25 of the Guardians and Wards Act, 1890, filed by the
respondent, was allowed and a direction was issued to the appellant to hand
over the custody of the minor child Miss Reet to the respondent.
During pendency of the present appeal and other litigation inter
se the parties, a settlement has been arrived at between the parties on
04.09.2018 which is admitted to have been signed by both the parties. The
said compromise deed contains the list of the cases pending inter se the
parties and the terms of the settlement which have been arrived at between
the parties. It is inter alia provided in one of the conditions that the present
appeal is to be withdrawn by the appellant and she would hand over the
custody of Reet to her father safeguarding the visitation rights of the
appellant twice a month for period of two hours on each day. The dates,
timings and venue would be fixed by the parties in advance after prior
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consultation as per convenience of both the parties and the child preferably
on 1st and 3rd Sunday of every month.
Both the parties, present in the Court, have undertaken to
comply with the directions of the Court.
In view of said circumstances, the appeal is disposed of as
withdrawn having been executed as per the settlement.
Taking into consideration the peculiar circumstances of this
case and the welfare of the minor girl, we, in the capacity as loco parentis,
order that in case of violation of any of the conditions or change of
circumstances, it will be open to the parties to approach this Court under
Section 43 of the Guardians and Wards Act, 1890 for any direction in the
interest of the minor child.
It will be open to the parties to enhance the period of visitation
in case it is required for the welfare of the child.
Parties are directed to remain with the child for some
reasonable duration to enable the child to adjust in the new environment.
October 01, 2018 (ANUPINDER SINGH GREWAL)
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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