RAJ RANI JAIN Vs. HARISH CHAND SINGLA

JUDGEMENT

(1.) The present judgment will dispose of C.M.(M) 9/94 (Smt.Raj Rani Jain v. Shri Harish Chand Singia and others), C.R.No. 467/93 (Smt. Raj Rani Jain v. Shri Harish Chand Singia and another) and C.R.No. 470/93 (Smt. Sandhya Bansal v. Shri Harish Chand Singia and another). The facts arising in all the petitions are common and relate to the custody of minor female child, by the name of Swati.

(2.) The petitioner Smt. Sandhya Bansal (in C.R.No.470/93) was married to late Shri Vipin Singia son of respondents Shri Harish Chand Singia and Smt. Prem Lata on February 10, 1983 and a female child was born to them on February 12, 1984. The said Vipin Singia died on August 28, 1987. A petition under Section 7 of the Guardian and Wards Act and an application under Section 13 of the Hindu Minority and Guardianship Act was moved by Smt. Sandhya Singia (now known as Sandhya Bansal) in the court of District Judge, Delhi, in Guardianship Case No. 123 of 1988. The parties to the petition being Smt. Sandhya Singia, mother of the child Baby Swati, Shri Harish Chand Singia and Smt. Prem Lata Gupta wife of Shri Harish Singla entered into a compromise, which was recorded by an order dated April 12, 1989. The same reads as follows:

(3.) The Dead of Compromise, as a consequence, was settled between the parties and was filed in the trial court as Exhibit C.1. It may not be necessary for me to reproduce the entire document. The portions, which are relevant for the purposes of present controversy between the parties may be reproduced as follows: