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Lovepreet Kaur@ Surinderjit … vs Amandeep Singh on 1 October, 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

(222) FAO-2796-2018 (OM)
Date of Decision: October 01, 2018.

Lovepreet Kaur @ Surinderjit Kaur @ Simranjit Kaur @ Simmi

…. Appellant
Versus

Amandeep Singh
….. Respondent

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appeal is to be withdrawn by the appellant and she would hand over the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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FAO-2796-2018 (OM) -2-

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withdrawn having been executed as per the settlement.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.

(M.M.S. BEDI)
JUDGE

October 01, 2018 (ANUPINDER SINGH GREWAL)
harsha JUDGE

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

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