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High Court of Punjab and HaryanaCR/28/2022disposed of

Charu Gupta v. Mayank Gupta

2022-07-08Mrs. Justice Alka Sarin4 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CIVIL REVISION No.28 of 2022 (O&M) DATE OF DECISION : 08.07.2022 Charu Gupta .....Petitioner versus Mayank Gupta .....Respondent CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Mukul Aggarwal, Advocate for the petitioner Mr. Anil Malhotra, Advocate for the respondent Parties in person ALKA SARIN, J. (Oral):

On 01.06.2022 the following order was passed : "The matter is taken up in the post-lunch session. A report has been handed over by Dr. Garima Sharma, Counsellor.

Keeping in view the observations and recommendations made by the Counsellor, learned counsel for the respondent states that the respondent-father would like to give the child some time to heal and it would be acceptable to him if the respondent-father is given access to the child through video

-2conferencing on a daily basis between 06.00 p.m. and 07.00 p.m. He, however, states that the interaction between the child and the respondent-father should not be interrupted by the petitioner-mother and the petitioner-mother should be requested to stay out of the room so that the child and the respondent-father are able to have a meaningful conversation and develop a bond.

Learned senior counsel appearing on behalf of the petitioner-mother states that the petitioner-mother would make every endeavour to ensure that the video conferencing calls that the child and the respondent-father have on a daily basis between 06.00 p.m. and 07.00 p.m. are meaningful and uninterrupted.

In view of the statements, the petitioner-mother would ensure and facilitate video calls between the child and the respondent-father on a daily basis between 06.00 p.m. and 07.00 p.m. till the end of the summer vacations of child and, as stated by learned senior counsel, the petitioner-mother shall ensure that the interaction between the child and the respondent-father is meaningful and uninterrupted. In case the child is pre-occupied on any given date between 06.00 p.m. and 07.00 p.m., the parties would be at liberty to re-work out the time by sending text messages to each other or speaking to each other if they so desire.

-3The report of the Counsellor has been placed in a close envelope.

List on 08.07.2022.

Meanwhile, the proceedings before the Family Court shall continue."

Learned counsel for the respondent states that after the initial hiccups the order was duly complied with and the respondent was able to have a meaningful communication with his son through video conferencing, as directed, on a daily-basis. Learned counsel for the respondent has further contended that he would be satisfied if the same arrangement, as directed vide order dated 01.06.2022, continues. However, the Family Court may be directed to conclude the matter expeditiously. It is further pointed out that the respondent's witnesses have been examined, however, cross-examination of the respondent himself and his father remains to be conducted. The learned counsel for the petitioner states that every endeavour shall be made to cross-examine the respondent and his father on the next date of hearing i.e. 10.08.

2022 and further to conclude their own evidence expeditiously. In view of the above, it is directed that the arrangement, as directed vide order dated 01.06.2022, shall continue. The petitioner-mother would make every endeavour to ensure video conferencing calls between the respondent-father and the child on a daily-basis between 6.00 p.m. and 7.00 p.m. which are meaningful and uninterrupted.

-4requested to expedite the hearing of the present case and dispose it off as expeditiously as possible, preferably, within a period of six months from the date of passing of this order.

It is made clear that any observation made herein shall have no effect on the merits of the case.

The revision petition is accordingly disposed off. Pending applications, if any, also stand disposed off. 08.07.2022 (ALKA SARIN) parkash JUDGE NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: YES/NO