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Judgments of Supreme Court of India and High Courts

Madan Lal vs Manjot Sharma on 22 April, 2019

FAO Nos.5581 7727 of 2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
*****
1. FAO-5581-2017
Date of Decision:22.04.2019
*****
Madan Lal
. . . . . Appellant
Vs.

Manjot Sharma minor through his mother
. . . . . Respondent
*****
2. FAO-7727-2017
*****
Paramjit Kaur @ Rajni
. . . . . Appellant
Vs.

Madan Lal
. . . . . Respondent

*****
CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN
HON’BLE MR.JUSTICE HARNARESH SINGH GILL
*****

Present: – Mr.Tribhawan Singla, Advocate,
for the appellant (in FAO-5581-2017)
for the respondent (in FAO-7727-2017)

Mr.Hitesh Verma, Advocate,
for the appellant (in FAO-7727-2017)
for the respondent (in FAO-5581-2017)
*****

RAKESH KUMAR JAIN, J. (ORAL)

This order shall dispose of two appeals bearing FAO-5581-

2017 titled as “Madan Lal Vs. Manjot Sharma (minor) through his

mother” [hereinafter referred to as ‘the 1st appeal’] and FAO-7727-2017

titled as “Paramjit Kaur @ Rajni Vs. Madan Lal” [hereinafter referred to as

‘the 2nd appeal’] as the 2nd appeal was ordered to be heard with the 1st appeal

vide order dated 28.11.2017 passed in the 2nd appeal.

In brief, the 1st appeal has been filed by Madan Lal being

aggrieved against the judgment and decree dated 15.7.2017 passed by the

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FAO Nos.5581 7727 of 2017 -2-

District Judge, Family Court, Barnala in a suit filed under Order 33 and

Rules 1 2 of the CPC in forma pauperis for recovery of maintenance

under the Hindu Adoptions and SectionMaintenance Act, 1956 and also for

permanent injunction. The 2nd appeal has been filed by Paramjit Kaur @

Rajni, divorced wife of Madan Lal, against the order dated 28.10.2017

passed by the District Judge, Family Court, Barnala by which application

filed under Section 25 of the Guardians and SectionWards Act, 1890 for seeking

custody of minor Manjot Sharma has been allowed.

It is an admitted case that a compromise had been arrived at

between them before the Mediation and Conciliation Centre of this Court,

which was reduced into writing on 19.1.2018. However, in terms of the

compromise, both the appeals were to be disposed of but Madan Lal had

made a complaint to this Court that Paramjit Kaur @ Rajni is not complying

with the conditions of compromise much less contained in Clause 6(b) (i)

and (ii) as she is not allowing him to meet his son Manjot Sharma. In view

thereof, the case was adjourned on 28.3.2019 for today and the parties were

directed to be present in Court.

We have interacted with Madan Lal, his divorced wife Paramjit

Kaur @ Rajni and their son Manjot Sharma in our Chambers. There was

some reservation shown by Manjot Sharma, aged 9 years, in going to the

house of Madan Lal on the pretext that his other wife, namely, Jasbir Kaur is

not behaving properly with him. During interaction, Madan Lal has assured

us that Manjot Sharma would not face any kind of difficulty in future insofar

as his wife Jasbir Kaur is concerned. Paramjit Kaur @ Rajni has also

submitted before us that she has no objection if the child Manjot Sharma is

taken by Madan Lal to his house in terms of the conditions of the

compromise much less contained in Clause 6(b) (i) and (ii).

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FAO Nos.5581 7727 of 2017 -3-

In view thereof, no further order is required to be passed in the

present appeals which are hereby disposed of in terms of the compromise

arrived at between the parties dated 19.1.2018.

A photocopy of this order be placed on the file of connected

case.

(RAKESH KUMAR JAIN)
JUDGE

(HARNARESH SINGH GILL)
22.04.2019 JUDGE
Vivek

Whether speaking /reasoned : Yes/No
Whether Reportable : Yes/No

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