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Sarita vs Manoj Kumar on 17 March, 2017

226 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

FAO-2941-2016
Date of decision : March 17, 2017

Sarita … Appellant

VERSUS

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.

****

M.JEYAPAUL, J.(ORAL)

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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FAO-2941-2016 -2-

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

between them.

(M. JEYAPAUL)
JUDGE

(AUGUSTINE GEORGE MASIH)
JUDGE

March 17, 2017
anju

Whether Speaking/Reasoned Yes
Whether Reportable No

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