FAO-5753-2018 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
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FAO-5753-2018 (OM)
Date of Decision:10.05.2019
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Vikram
. . . . . Appellant
Vs.
Shakuntla Devi and others
. . . . . Respondents
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CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN
HON’BLE MR.JUSTICE HARNARESH SINGH GILL
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Present: – Mr.Vivek Khatri, Advocate,
for the appellant.
Mr.Abhinav Sood, Advocate,
for the respondents.
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RAKESH KUMAR JAIN, J. (ORAL)
This appeal is directed against the judgment and decree dated
16.8.2018 by which a petition filed under Section 25 of the Guardians and
SectionWards Act, 1890 [for short ‘the Act’] by respondent No.1 has been disposed
of and allowed respondent No.1 to meet the child on the third Saturday of
every month and also on Diwali and Holi as well as on his birthday in the
chamber of her counsel and in the presence of counsel for both the parties. It
is also observed therein that she can meet the child on prior intimation of at
least 3-4 days to the counsel for both the parties as well as the appellant
herein.
The appellant, who is the father of the minor child, namely, Nuraan, has
submitted that at present Nuraan is studying in 5th Class in SelaQui
International School, Dehradun. It is also submitted that it is a boarding
school and the fee of the school is `8,20,000/- per year. It is further
submitted that because the minor is studying in a boarding school and would
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not be in a position to come to Hisar on third Saturday of every month to
meet respondent No.1 and also there would be a difficulty for the minor to
be present in the chamber of the counsel at Hisar on Diwali, Holi and on his
birthday, therefore, he has prayed that respondent No.1 may meet the child
on third Saturday of every month in the school of the child at Dehradun and
also if he is available in school on festivals i.e. Diwali and Holi as well as on
his birthday only if the child is ready to meet with respondent No.1.
The suggestion made by counsel for the appellant is accepted
by the learned counsel for the respondents and in view thereof, the present
appeal is hereby disposed of after modification of the order.
(RAKESH KUMAR JAIN)
JUDGE
(HARNARESH SINGH GILL)
10.05.2019 JUDGE
Vivek
Whether speaking /reasoned : Yes/No
Whether Reportable : Yes/No
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