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Judgments of Supreme Court of India and High Courts

Vikram vs Shakuntla Devi & Others on 10 May, 2019

FAO-5753-2018 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
*****
FAO-5753-2018 (OM)
Date of Decision:10.05.2019
*****
Vikram
. . . . . Appellant
Vs.
Shakuntla Devi and others
. . . . . Respondents
*****
CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN
HON’BLE MR.JUSTICE HARNARESH SINGH GILL
*****

Present: – Mr.Vivek Khatri, Advocate,
for the appellant.

Mr.Abhinav Sood, Advocate,
for the respondents.
*****

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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FAO-5753-2018 -2-

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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