Ranbir Singh v. Navdeep Kaur

YOGESH SHARMA 2019.02.07 10:33 I attest to the accuracy and integrity of this document CR Nos.4050 & 9544 of 2018 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision : 01.02.2019 1.

CR-4050-2018 (O&M) Ranbir Singh ... Petitioner

Versus

Navdeep Kaur ... Respondent 2.

CR-9544-2018 (O&M) Ranbir Singh ... Petitioner

Versus

Navdeep Kaur ... Respondent

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. B.S. Guliani, Advocate for the petitioner.

Mr. H.S. Dhandi, Advocate for the respondent.

**** AMIT RAWAL, J. (ORAL) This order of mine shall dispose of two revision petition, aforementioned, filed at the instance of the petitioner-husband, against the impugned orders dated 04.10.2018 and 01.06.2018. The proceedings for custody of the child had already been settled, at that stage, as the child was less than 5 years. After attaining the age of five years, without moving appropriate petition, only an application

YOGESH SHARMA 2019.02.07 10:33 I attest to the accuracy and integrity of this document CR Nos.4050 & 9544 of 2018 (O&M) was filed, which has been rejected by the trial Court, by giving certain relief for the time being.

This Court confronted Mr. Guliani, as to whether any fresh application along with interim application has been filed. The answer is 'No'. In my view, custody of the child, in the absence of any original application and interim application, cannot be entertained, in the present case.

Faced with the above said situation, learned counsel for the petitioner seeks liberty of this to withdraw the revision petitions with liberty to avail appropriate remedy, in accordance with law. Ordered accordingly.

In case the main petition is filed, any order passed in the application, will not come in the way of the petitioner, in seeking interim custody or stay.

01.02.2019 Yogesh Sharma ( AMIT RAWAL ) JUDGE  Whether speaking/reasoned Yes/ No  Whether Reportable Yes/ No