Massa Singh v. Jatinder Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH C.R NO. 2492 OF 2021 DATE OF DECISION : 21.02.2023 Massa Singh

...Petitioner

Versus

Jatinder Singh

...Respondent

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Petitioner in person with Mr. Dheeraj Mahajan, Advocate.

Respondent in person with Mr. A. S. Manaise, Advocate.

ARUN MONGA, J. (ORAL) Assailed herein is an order dated 01.09.2021 (Annexure P-5) passed by learned Principal Judge, Family Court, Gurdaspur, vide which application under Section 10 of CPC for staying proceedings in case titled "Jatinder Singh v. Massa Singh", filed by respondent (petitioner herein) has been dismissed.

2.

Though both the parties were directed to join proceedings through video conferencing vide previous order dated 24.01.2023 passed by this Court, but since the parties have come to interact with their respective counsels they rather chose to come physically. 3.

I have interacted with the parties along with minor child at some length. Both learned counsels in the presence of their respective parties are ad idem that if both the guardian petitions, one filed by

maternal grand father and other by father of minor child in respect of custody of minor child, namely, Nakshdeep Singh, be consolidated and transferred to Family Court at Batala they would not press any of their rights on merits in present proceedings.

4.

Being so, Guardian Petition No. 33 of 2020 titled "Jatinder Singh v. Massa Singh" and Guardian Petition No. 15 of 2020 titled "Massa Singh v. Jatinder Singh" which have already been consolidated vide impugned order are transferred to Family Court Batala. It transpires that it is same Family Court at Gurdaspur which holds a Camp Court at Batala, depending upon the exigency of Courts at Batala. 5.

In the premise, learned Family Court, Gurdaspur shall ensure that hearings/trial of both the consolidated guardian petitions are conducted by Camp Court at Batala. Furthermore, on the suggestion of Court, to avoid minor child being made to travel from Batala to visit his father, learned counsels state that their respective clients have further consented that father shall have no objection to visit the child at his current place of residence. Instead of Family Court, Gurdaspur, the venue for child visitation/meeting shall be Majha Block-018 Restaurant, Dera Baba Nanak, Batala, Gurdaspur, which is a restaurant run by maternal uncle of minor child and it is also told that CCTV cameras are fitted there. 6.

On suggestion of the parties, learned counsels further consented that instead of 9th and 29th of every month, as has been ordered by Family Court, Gurdaspur, visitation rights be kept on Ist and 3rd Sunday of every month from 11:00 AM to 2:00 PM. The visitation rights granted to father of minor child would also include the former's parents to meet their grandson and also permit him to take along paternal grand

parents of the child, in case they wish to meet their grandson, of course by adhering to the visitation timings.

7.

With the aforesaid findings, the instant revision petition stands disposed of.

FEBRUARY 21, 2023 (ARUN MONGA) Shalini JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No