SH GIAN CHAND GUPTA Vs. MRS NITTU
LAWS(P&H)-2011-11-107
HIGH COURT OF PUNJAB AND HARYANA
Decided on November 08,2011

Sh Gian Chand Gupta Appellant
VERSUS
Mrs Nittu Respondents

JUDGEMENT

VIJENDER SINGH MALIK, J. - (1.) THESE revision petitions brought under the provisions of Article 227 of the Constitution of India are directed against the order dated 1.4.2011 passed by learned Civil Judge (Senior Division), Panchkula, vide which the application of Gian Chand and his wife, grand parents of Parth Gupta, has been allowed to the extent that they have been permitted to meet the minor on 2nd and 4th Saturday of every month for two hours, from 2.00 p.m. to 4.00 p.m. during all the months excluding May, June and July and between 12.00 noon to 2.00 p.m. during the aforesaid three months of May, June and July in the court in the presence of learned counsel for both the parties.
(2.) SMT . Nittu, respondent in Civil Revision No. 3897 of 2011, had been married with Shri Ashwani Gupta, son of the petitioners, Gian Chand Gupta and Smt. Bimla Rani. Said Shri Ashwani Gupta died on 28.3.2006. Parth Gupta was borne to Smt. Nittu from the loins of Shri Ashwani Gupta. Now Smt. Nittu with Parth Gupta is living at her parent home, though claimed by the petitioners to be living with Vinod Goel, with whom, she is claimed to have re -married.
(3.) GRAND parents of Parth Gupta, (hereinafter referred to as "the petitioners") had brought proceedings under sections 7, 8, 10 and 25 of the Guardian and Wards Act read with section 13 of the Hindu Minority and Guardianship Act for the custody of minor Parth Gupta. They had also filed an application for interim directions. The application dated 14.8.2010 for grant of interim custody of the minor has been allowed in the aforesaid terms allowing the grand parents to see the minor on the given days. Aggrieved by the aforesaid order, the grand parents have brought Civil Revision No. 3897 of 2011 claiming therein that the mother of the child is trying to tutor the child and foster apathy in him towards his grand parents. They have claimed that the minor should rather be permitted to visit his parental home, i.e. H.No. 94, Sector 17, Panchkula so as to enable him to have a sense or pride instead of interim visitation rights. They have also prayed for directing the respondent - Nittu and her alleged husband not to ill -tutor him as also to encourage him to accept gifts from the petitioners.;


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