226 IN THE HIGH COURT OF PUNJAB AND HARYANA
Date of decision : March 17, 2017
Sarita … Appellant
Manoj Kumar … Respondent
CORAM: HON’BLE MR. JUSTICE M.JEYAPAUL
HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Present : Mr.B.R.Vohra, Advocate
for the appellant.
Mr. Diwan S.Adlakha, Advocate
for the respondent.
Respondent Manoj Kumar filed a petition under Section 25
read with Section 8 of Guardian and Wards Act, 1890, praying for custody
of the minor child Naman born out of the wedlock of the appellant and the
respondent. The above petition was allowed by the trial Court. Appellant
Sarita who is none other than the wife of Manoj Kumar, has challenged the
custody granted to the respondent-husband.
We referred the matter to the Mediation Conciliation Centre
where both the parties appeared and thrashed out all the matrimonial issues
including the custody issue arisen between them. They have entered into a
compromise dated 13.01.2017 before the Mediation Conciliation Centre.
Both the parties have agreed to abide by the terms and
conditions of the above settlement arrived at between them before the
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Mediation Conciliation Centre on 13.01.2017. Now, the parties in terms
of the above settlement have agreed that the minor child Naman shall
remain with the appellant herein instead of respondent-husband as ordered
by the trial Court.
Counsel appearing on either side submit that the judgment
passed by the trial Court granting custody in favour of the respondent be set
aside and the appeal be allowed as both the parties have agreed to abide by
the terms and conditions of the settlement arrived at between them before
the Mediation Conciliation Cemntre.
In view thereof, the judgment passed by the trial Court is set
aside and the appeal is allowed in terms of the compromise entered into
(AUGUSTINE GEORGE MASIH)
March 17, 2017
Whether Speaking/Reasoned Yes
Whether Reportable No
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