Aarti Sharma v. Vijay Kumar Sharma And ANR

FAO-6932-2018 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-6932-2018 (O&M) Decided on : 06.09.2019 Aarti Sharma ...... Appellant

Versus

Vijay Kumar Sharma & anr.

...... Respondents CORAM : HON'BLE MR. JUSTICE RAJAN GUPTA HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Mrigank Sharma, Advocate for the appellant.

Mr. Gopal Soni, Advocate for Mr. Akshay Jindal, Advocate for the respondents.

**** Rajan Gupta, J.

CM-24453-CII-2018 This is an application under Section 5 of the Limitation Act seeking condonation of 190 days delay in filing the appeal. For the reasons mentioned in the application, which is duly supported by an affidavit of the appellant, the application is allowed and delay of 190 days in filing the appeal is condoned. FAO-6932-2018 Present appeal is directed against the order dated 19.01.2018 passed by the Addl. Civil Judge (Sr. Divn.) Panchkula. It appears that the respondents herein sought custody of the minor child namely Garima by way of an application under Section 25 of Guardian and Ward Act, 1890 (for short 'the Act') before the Court below. Parties were granted opportunity to lead their respective evidence thereafter. On consideration of material on record, it came to the conclusion that the grandparents could not be granted permanent custody of SONIA BURA 2019.09.16 10:15 I attest to the accuracy and integrity of this document chandigarh

FAO-6932-2018 (O&M) -2the minor child. Same would remain with the mother. Grandparents however, were allowed to meet the minor child on the First and Third Saturday of every month from 10.00 am to 2.00 pm at ADR Centre, Panchkula.

The appeal was preferred by the appellant-mother Aarti Sharma on the limited ground that it would be difficult for the child to meet the grandparents on the First and Third Saturday of every month from 10.00 am to 2.00 pm as she is studying in a school where Saturday is a working day. Vide order dated 09.05.2019, this Court thus changed the timing and it was decided that the appellant would take the minor child at Mediation and Conciliation Centre at Panchkula at 3.00 pm on the first and third Saturday of each month where she would be allowed to meet her grandparents.

Learned counsel for the parties submit that this arrangement is acceptable to them.

In order to allay the apprehension of the respondents that the maternal grandmother interferes at the time of meeting, learned counsel for the appellant has assured that this would not happen in future. In view of the above, no further order is required to be passed in the appeal.

Disposed of.

(RAJAN GUPTA) JUDGE 06.09.2019 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2019.09.16 10:15 I attest to the accuracy and integrity of this document chandigarh