FAO-2910-2018 (OM) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
Date of Decision:30.05.2018
Parminder Singh …..Appellant
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
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-
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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
Disposed of as withdrawn with the aforesaid liberty as per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 )
May 30, 2018 (HARI PAL VERMA)
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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