Pooja Bahadur Vs. Uday Bahadur
EmailAppeal: CIVIL APPEAL NO. 2901 OF 1999
(From the Judgment and Order dated 8.5.98 of the Punjab & Haryana High Court in F.A.O. No. 1516 of 1997)
(From the Judgment and Order dated 8.5.98 of the Punjab & Haryana High Court in F.A.O. No. 1516 of 1997)
Petitioner: Pooja Bahadur
Respondent: Uday Bahadur
Apeal: CIVIL APPEAL NO. 2901 OF 1999
(From the Judgment and Order dated 8.5.98 of the Punjab & Haryana High Court in F.A.O. No. 1516 of 1997)
(From the Judgment and Order dated 8.5.98 of the Punjab & Haryana High Court in F.A.O. No. 1516 of 1997)
Judges: S. B. Majmudar & D. P. Mohapatra, JJ.
Date of Judgment: May 11, 1999
Head Note:
GUARDIAN AND WARDS
Guardian and Wards Act, 1890
Guardian and Wards Act, 1890
Section 9 – Jurisdiction- Minor children residing with father in Delhi. Held that court at Delhi has jurisdiction. Interim orders of interim custody to continue till decision by court at Delhi. Proceedings transferred to Delhi.(Paras 4 to 6)
JUDGEMENT:
ORDER
1. Leave granted.
2. We have heard learned counsel for the parties.
3. We also tried to work out an amicable settlement between the parties, at least regarding custody of minor children. Various interim orders were passed. The latest interim order regarding access of the minor children to be given to the mother was passed on 26th March, 1999 granting access to the mother on alternative Saturdays listed therein.
4. The appeal arises out of an appellate order of the High Court of Punjab & Haryana at Chandigarh, taking the view that custody proceedings by the mother would lie in the Guardian and Wards Court at Delhi and not in a Court at Chandigarh. As the minor children are residing with the father at Delhi no fault can be found with that order.
5. We, therefore, while disposing of this appeal, direct the trans-fer of custody proceedings from Chandigarh Court to be filed before Guardian and Wards Court, Delhi/District Court, Delhi. The District Court, Delhi shall proceed to deal with this matter at its earliest convenience and may decide the same on its own merits, after hearing the parties in these proceedings.
6. Arrangement of giving access of the minor children to the ap-pellant – mother on alternative Saturdays will continue on same terms and conditions, that is, they will be allowed to meet the mother from 11.00 a.m. in the morning of each alternative Satur-day till 11.00 a.m. of the succeeding Sunday. This arrangement will be continued till further orders of the Guardian and Wards Court at Delhi. We make it clear that the Guardian and Wards Court will decide the question of further interim or final relief strictly on its own merits, without in any way being affected by the interim arrangement which is directed to be continued, with-out prejudice to the rights and contentions of both the parties, by our present order.
7. The Civil Appeal is disposed of accordingly.
8. No costs.
1. Leave granted.
2. We have heard learned counsel for the parties.
3. We also tried to work out an amicable settlement between the parties, at least regarding custody of minor children. Various interim orders were passed. The latest interim order regarding access of the minor children to be given to the mother was passed on 26th March, 1999 granting access to the mother on alternative Saturdays listed therein.
4. The appeal arises out of an appellate order of the High Court of Punjab & Haryana at Chandigarh, taking the view that custody proceedings by the mother would lie in the Guardian and Wards Court at Delhi and not in a Court at Chandigarh. As the minor children are residing with the father at Delhi no fault can be found with that order.
5. We, therefore, while disposing of this appeal, direct the trans-fer of custody proceedings from Chandigarh Court to be filed before Guardian and Wards Court, Delhi/District Court, Delhi. The District Court, Delhi shall proceed to deal with this matter at its earliest convenience and may decide the same on its own merits, after hearing the parties in these proceedings.
6. Arrangement of giving access of the minor children to the ap-pellant – mother on alternative Saturdays will continue on same terms and conditions, that is, they will be allowed to meet the mother from 11.00 a.m. in the morning of each alternative Satur-day till 11.00 a.m. of the succeeding Sunday. This arrangement will be continued till further orders of the Guardian and Wards Court at Delhi. We make it clear that the Guardian and Wards Court will decide the question of further interim or final relief strictly on its own merits, without in any way being affected by the interim arrangement which is directed to be continued, with-out prejudice to the rights and contentions of both the parties, by our present order.
7. The Civil Appeal is disposed of accordingly.
8. No costs.
