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High Court of Punjab and HaryanaCRWP/8371/2024disposed of

Mahabir And ANR v. State Of Punjab And ORS

2024-10-04Mr. Justice Anoop Chitkara2 pages

CRM-W No. 1237 of 2024 in/and CRWP No. 8371 of 2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-W No. 1237 of 2024 in/and CRWP No. 8371 of 2024 Date of Decision: 04.10.2024 Mahabir and another ...PeƟƟoners

Versus

State of Punjab and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Ankur Malik, Advocate for the applicants-peƟƟoners.

Ms. SwaƟ Batra, D.A.G., Punjab.

Mr. Akash Singla, Advocate for respondent No.3.

**** ANOOP CHITKARA, J.

On joint request of counsel for the parƟes, the main case itself is taken on Board today.

Grandparents of 12 years child has come up before this Court under SecƟon 528 BNSS, 2023 seeking visiƟng rights and custody. Respondent No.3 has already filed his reply in which she has opposed the same on the ground of mental cruelty to the child considering the fact that 12 years child knows good and bad and is influenced.

I have heard counsel for the parƟes and have gone through the record and its analysis would lead to the following outcome. PeƟƟoner No.1 i.e. grandfather of the child is 72 years of age and peƟƟoner no.2 i.e. grandmother of the child is 71 years of age. In addiƟon to the parents, the child was also raised by the grandparents and they have emoƟonal connecƟon and aƩachment with him. At this stage, it is natural for them to miss the child.

Counsel for respondent No.3 opposed any such rights and stated that on the last occasion at the asking of this Court the child had meeƟng with the peƟƟoners, Jyoti Sharma 2024.10.07 10:41 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh

CRM-W No. 1237 of 2024 in/and CRWP No. 8371 of 2024 they had tried to tutor him against respondent No.3 by explicitly telling that he was successor in the family and they had filed a case and will take his custody. The child got disturbed and was under stress because of such words. This Court is aware of the limited rights considering that there is statutory provision and also the parƟes have entered into seƩlement menƟoning the terms thereof. Since respondent No.2 is stated to have suffered fracture on leg and is not in a posiƟon to travel, in these circumstances, respondent No.3 is directed to produce the child and hand over his temporary custody to peƟƟoners on 12.10.2024 from morning Ɵll evening. Whatever giŌs respondent No.3 will send to the child, the peƟƟoners are directed to accept the same.

PeƟƟoners are directed to greet the respondent No.3 with utmost respect and decency and also provide necessary food during her stay. They are directed not to use any harsh language or to make gestures or to make any taunts. Similarly, respondent No.3 will adhere to all such direcƟons which have been passed to peƟƟoners. For any reason if the child cannot meet on Dussehra then he meet the grandparents on next school holiday. In case of any difficulty, the parƟes are requested to interact with their counsel and the counsel interact with each other and find a soluƟon.

Given above, the present peƟƟon is disposed of with the aforesaid relief. Liberty reserved to come again if needs arises. All pending applicaƟons, if any also stands disposed.

(ANOOP CHITKARA) JUDGE 04.10.2024 JyoƟ Sharma Whether speaking/reasoned:

Yes Whether reportable:

No.

Jyoti Sharma 2024.10.07 10:41 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh