SHRADHA NATH Vs. MANU NATH

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed by the mother of the minor Medha Nath praying for quashing the order of learned Additional District Judge, Delhi (Vacation Judge) dated 23/06/2000 which reads as under :- PRESENT : Parties with their counsel.

(2.) The petition was admitted by this Court on 13/07/2000 and the operation of the above order was stayed until further orders and it was directed that the order dated 6.6.98 passed by the Guardian Judge in regard to the visitation rights of the respondent father shall continue. The case was thereafter adjourned from time to time as the Court wanted the parties to reach some amicable settlement and to that end also requested the counsel for the parties to use their good offices in that behalf. Unfortunately, no amicable settlement could be reached and solution which was acceptable to both sides could not be found.

(3.) The case has a chequered history, but for the purpose of answering this revision petition, I will refer only to the broad features. Medha is the only daughter of the parties born out of the wedlock and ever since the matrimonial discord between the parties, she is in the custody of her mother(petitioner). The father filed a petition under Section 25 of the Guardianship and Wards Act, 1890 (hereinafter referred to as the Act) seeking custody of Medha and also .moved an application under Sections 12 and 14 of the Act, praying for interim custody. The said application was disposed of by the learned Guardian Judge vide an order dated 6.6.98 declining the prayer of interim custody to the father, but at the same time allowing visitation rights to the father. Relevant extract of the said order are as under :-