High Court of Punjab and HaryanaCR/102/2021disposed of

Neha Kumari v. Avtar Singh And ORS

2023-10-06Mr. Justice Anil Kshetarpal3 pages

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! % & %' ( %(% "# # !!$ ) Learned counsel appearing for the petitioner argues that the order dated 07.01.2021 passed by the Principal Judge, Family Court, Gurdaspur has taken away the right of the petitioner to keep the minor child with her on the grounds that she has solemnized the marriage despite the subsistence of the earlier marriage with the respondent and that the step father will not look after the minor son, without there being any evidence to support the said findings. Learned counsel appearing for the petitioner submits that the male minor child, who is only three years of age and is living with the petitioner right from the day of his birth needs his mother at this age so as to take care of him.

Notice of motion.

Mr. A.S. Manaise, Advocate accepts notice on behalf of respondents and submits that the petitioner-wife is living in adultery, which is an admitted fact and, therefore, the custody of the minor child has rightly been granted by the Court below to the respondent-father.

CR-102-2021 -2In the present case, the paramount interest of a minor child is to be kept in mind. Minor son is only three years of age and is living with her mother right from the day of his birth and in case, child is shifted to another atmosphere the changed atmosphere will affect the said child or not needs to be considered by this Court before arriving at any conclusion.

To come up for detailed arguments on 16.03.2021. The operation of the impugned order shall remain stayed till the next date of hearing.

At this stage, learned counsel for the respondents submits that at least the respondent-husband should be granted the visitation rights to visit the child. Learned counsel for the petitioner does not raise any objection for the grant of visitation rights to the respondent-husband.

Keeping in view the above, the respondenthusband will be allowed to visit the child twice in a month for at least 3 to 4 hours on each visit before the Mediation and Conciliation Centre, Gurdaspur as agreed by the parties concerned.

Let the parties appear before the Mediation and Conciliation Centre, Gurdaspur on 06.02.2021. Thereafter, the Mediation Center will fix the next date of meeting after ascertaining the convenience of the parties concerned.

It is made clear that the parties will behave in a required manner before a child of 03 years of age so as to ensure that the child is not mentally affected during the meeting in any manner. *

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