SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Parminder Singh vs Jasvir Kaur on 30 May, 2018

FAO-2910-2018 (OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
106
FAO-2910-2018 (OM)
Date of Decision:30.05.2018

Parminder Singh …..Appellant

Versus

Jasvir Kaur …..Respondent

CORAM: HON’BLE MR.JUSTICE M.M.S. BEDI.
HON’BLE MR.JUSTICE HARI PAL VERMA.

Present: Mr. Ashish K. Gupta, Advocate,
for the appellant.

****

M.M.S. BEDI, J.(Oral)

It has been informed that an appeal filed by the respondent-wife

against order dated 05.03.2018 had been decided by this Court directing that

in case the wife appears before the Guardian Judge and moves appropriate

application in the light of provisions of Section 43 of the Guardian and

Wards Act, 1890, the same would be decided on merits, in accordance with

law.

The appellant-husband has submitted that he had also filed an

application for modification of order dated 15.12.2014 passed by the

Guardian Judge. But his application has also been dismissed on the similar

grounds vide order dated 05.03.2018. He relies upon the order dated

20.04.2018 passed by this Court and claims that his application for

modification of the earlier order should also have been considered under

Section 43 of the Guardians and Wards Act, 1890.

We have heard the counsel for the appellant. We are of the

opinion that the observations made by this Court on 20.04.2018 in FAO-

1 of 2
11-06-2018 03:28:12 :::
FAO-2910-2018 (OM) 2

1899-2018 give an authority to the Guardian Judge to pass any interim

direction in the interest of welfare of the child taking into consideration the

terms of the settlement arrived at between the parties.

Since both the parties sought some modification in the earlier

order and the Guardian Judge is seized of the matter regarding

modification/implementation of the earlier order passed with the consent,

we are of the opinion that it will be open to the Guardian Judge to issue any

direction and pass any interim order taking into consideration the welfare of

the minor in the light of the provisions of Section 43 of the Guardians and

Wards Act, 1890.

Counsel for the appellant in view of the aforesaid observations

seeks withdrawal of the present appeal with liberty to approach the

Guardian Judge.

Disposed of as withdrawn with the aforesaid liberty as per

observations made in order passed by this Court in FAO-1899-2018 on

20.04.2018. In case any such application is filed, the same will be

considered along with the application filed by the respondent-wife.

The miscellaneous applications for condonation of delay and

interim stay etc. are also disposed of accordingly.

( M.M.S. BEDI )
JUDGE

May 30, 2018 (HARI PAL VERMA)
seema JUDGE

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

2 of 2
11-06-2018 03:28:13 :::

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2018 SC and HC Judgments Online at MyNation
×

Free Legal Help just WhatsApp Away

MyNation HELP line

We are Not Lawyers but No Lawyer will give you Advice like We do

Please to read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registrationJOIN WELCOME GROUP HERE

We handle Women centric biased laws like False 498A, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307,312, 313,323 376, 377, 406, 420, 506, 509; and also TEP, RTI etc

Web Design BangladeshWeb Design BangladeshMymensingh