S.S.SARON, J. - (1.) THE civil miscellaneous application has been filed seeking condonation of 213 days' delay in filing the appeal.
(2.) LEARNED counsel for the respondent submits that she has no serious objection if the delay in filing the appeal is condoned. Accordingly, the CM is allowed and delay of 213 days' delay in filing the appeal is condoned. Ms. Deepa Jain, Advocate has put in appearance on behalf of the respondent. The affidavit of the respondent and vakalatnama filed by her in Court today are taken on record. The trial Court record has also been received. Heard learned counsel for the parties. The appellant -Amrik Singh filed a petition under Section 25 of the Guardians and Wards Act, 1890 seeking custody of his minor children namely Lakhwinder Singh (son) and Jasmeen Kaur (daughter) who were born on 10.01.1996 and 02.12.1997 respectively. The case was taken up before the Lok Adalat on 15.12.2012 and statements of the parties were recorded; besides, compromise deed Ex.P1 entered into between the parties; certified copy of judgment dated 09.05.2009 passed in HMA case No.141 dated 16.10.2008 titled as 'Sarabjit Kaur versus Amrik Singh' Ex.P2; certified copy of decree -sheet dated 09.05.2009; photocopy of birth certificate of Lakhwinder Singh Mark 'A' and photocopy of birth certificate of Jasmeen Kaur Mark 'B' were tendered in evidence.
(3.) IN view of the statements of the parties, the petition filed by the appellant was allowed and an award was passed whereby the appellant was appointed guardian of the minor children namely Lakhwinder Singh and Jasmeen Kaur subject to the conditions as enumerated in the award dated 15.12.2012 of the Lok Adalat. The appeal has been filed by the appellant stating that he applied for visa for his children so as to enable them to go to Germany. However, the German Embassy vide letter dated 10.07.2013 declined visa for the children holding that the father of the minor (i.e. the present appellant) did not hold sole custody of the minors. It is submitted that once the learned trial Court had allowed the main petition under the Guardians and Wards Act and appointed the appellant as guardian of the minors, it was incumbent on the learned trial Court to hand over the sole custody of the minors to him so that he could take them to Germany and look after them.;