High Court of Punjab and HaryanaCR/203/2021disposed of

Manish Kishnani v. Shivangi Kishnani

2022-08-31Mrs. Justice Alka Sarin2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CR No.203 of 2021 (O&M) Date of Decision : 31.08.2022 Manish Kishnani ....Petitioner

VERSUS

Shivangi Kishnani ....Respondent CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Amit Jhanji, Sr. Advocate with Ms. Eliza Gupta, Advocate for the petitioner. Mr. Kartar Singh, Advocate for the respondent. ALKA SARIN, J. (Oral) The only grievance of the petitioner in the present case is that the petitioner had filed an application seeking interim order qua visitation rights during the winter vacations in December, 2020. Learned counsel for the petitioner would contend that vide the impugned order, the Family Court has travelled beyond the pleadings of the parties and beyond the prayer made by the petitioner. The limited prayer made by learned counsel for the petitioner is that the order granting visitation rights every second Saturday of the month at the residence of the respondent from 05.00 p.m. to 07.00 p.m. may be set aside with liberty to the petitioner to move an application afresh in accordance with the law for grant of interim custody/visitation rights raising all the pleas raised in the present petition.

Learned counsel for the respondent states that he has no objection.

In view of the above, the present petition is allowed and the impugned order passed by the Family Court is set aside to the extent JITENDER KUMAR 2022.09.01 14:12 I attest to the accuracy and integrity of this order/judgment Chandigarh

CR No.203 of 2021 (O&M) -2whereby visitation rights were granted to the petitioner every second Saturday of the month at the residence of the respondent from 05.00 p.m. to 07.00 p.m.. The petitioner shall be at liberty to file an application afresh for grant of interim custody/visitation rights, which shall be dealt with by the Family Court in accordance with the law. The petitioner shall also be at liberty to raise all the pleas raised herein in the said application. In case any application for interim custody/visitation rights is filed by the petitioner, the same be decided expeditiously.

Pending applications, if any, also stand disposed off. ( ALKA SARIN ) 31.08.2022 JUDGE jk NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO JITENDER KUMAR 2022.09.01 14:12 I attest to the accuracy and integrity of this order/judgment Chandigarh