Megha Nagpal v. Akshay Nagpal

2024:PHHC:032178 CR-6094-2023

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.144 CR-6094-2023 Date of Decision: 06.03.2024 MEGHA NAGPAL ....Petitioner

Versus

AKSHAY NAGPAL .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Petitioner-in-person with Mr. Amitabh Tewari, Advocate for the petitioner.

Respondent-in-person along with children, with Mr. Gaurav Chopra, Senior Advocate, assisted by Mr. Reshabh Bajaj, Advocate.

***** ARCHANA PURI, J. (Oral) Petitioner, as well as respondent along with children, are present in the Court today.

An attempt has been made for reconciliation between the parties, but seemingly, the parties, at this stage, are not interested for any amicable settlement. In the given circumstances, keeping in view the tone and tenor of the impugned order passed by learned Family Court, it shall be appropriate if in the petition under the Guardians and Wards Act, filed at the instance of the respondent/father, written statement is filed and reply to the application for interim custody is also filed by the petitioner/mother before learned Family Court and the application for interim custody is decided by learned Family Court, at the earliest possible.

This proposal is acceptable to the parties, as well as their counsel. In the given circumstances, on the next date of hearing i.e. 18.03.2024, fixed before Sonu 2024.03.07 09:57 I attest to the accuracy and authenticity of this document

2024:PHHC:032178 CR-6094-2023 learned Family Court, the petitioner shall file the written statement, as well as reply to the application for interim custody of both the children. After filing of the written statement and reply to the application for interim custody, three days' time be given to the respondent/father to file rejoinder, if need be. Thereupon, learned Family Court shall decide the application for interim custody on or before 04.04.2024.

Till the decision of the application for interim custody, the parties concerned shall comply with the order, earlier passed by this Court, relating to shifting of the custody of the children. At present, the children are in custody of respondent/father and on 11.03.2024, as earlier directed, the respondent/husband shall hand over the custody of both the children to the petitioner/mother, who in turn shall hand over the custody of both the children to the respondent/father on 18.03.2024. Likewise, respondent/father shall further hand over the custody of both the children to the petitioner/mother on 25.03.2024 and their custody shall remain with the petitioner, till the decision of the application for interim custody i.e. till 04.04.2024.

In the light of the aforesaid arrangement, whatsoever may be the order passed by learned Family Court, with regard to the interim custody of the children, the compliance shall be made by the parties to the lis, forthwith. However, learned Family Court is requested to pass any appropriate order, as per the demand of the circumstances, uninfluenced by any observation made by this Court in this order or the previous orders.

In the light of the aforesaid terms, the instant revision petition stands disposed of.

(ARCHANA PURI) 06.03.2024 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2024.03.07 09:57 I attest to the accuracy and authenticity of this document