C.R. No. 5798 of 2007 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Revision No. 5798 of 2007 (O&M)
Date of decision: January 20, 2009
Hukam Chand and another
.. Petitioner
v.
Renu Bala
.. Respondent
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: Petitioner No.1- Hukam Chand in person.
Mr. Rajinder Goyal, Advocate for the respondent along with
respondent No. 1 and the minor child -Vishnu in person.
..
Rajesh Bindal J.
Challenge in the present petition is to the order passed by the learned
court below, whereby the prayer made by the petitioner for change of venue and
also for extension of visiting period in a petition filed for custody of a minor child,
was dismissed.
Briefly, the facts are that marriage of the son of the petitioners was
solemnised with respondent No.1 on 27.6.1997. A child, custody of which is in
dispute, was born on 29.4.1998. The son of the petitioners unfortunately expired
on 6.7.1998. The child is presently living with his maternal grand parents. His
custody is being sought by the petitioners, who are parental grand parents. Initially,
the petitioners were given visiting right for two hours in the presence of President,
Bar Association or his representative in Court Complex at Hissar from 11.00 A.M.
to 1.00 P.M. on every first Saturday of the month. The time was further increased
to three hours. The prayer was for change of location from Hissar to Kaithal,
Karnal or Kurukshetra, as the child was presently living with his maternal grand
parents at Kalayat near Kaithal and studying in a school there.
Much facts are not required to be mentioned as the parties have
consented for passing the following order:
“It was consented by the parties, who are present in court in person,
that venue of the meeting of the child with the petitioners can be
shifted from Hissar to Kaithal for the reason that earlier he was
C.R. No. 5798 of 2007 [2]studying at Hissar and now he was studying in MDN Senior
Secondary School, Kalayat near Kaithal. The meeting shall be on
every last Monday of the month from 10.00 A.M. to 3.00 P.M. in the
office of President, Bar Association, Kaithal in his presence or in the
presence of his representative.”
The above arrangement was made considering the fact that
education of the child does not suffer, as the court was informed that it is last
Monday of the month which is observed as holiday in the school.
Ordered accordingly.
As petitioner No.1 appears in person, Registry is directed to send a
copy of the order to him by post. It is further directed that a copy of the order be
also sent to the President, Bar Association, Kaithal for his information and
compliance.
(Rajesh Bindal)
Judge
20.1.2009
mk