LAWS(DLH)-2015-1-265

SHYAM GUPTA Vs. RAJNI GUPTA

Decided On January 08, 2015
Shyam Gupta Appellant
V/S
RAJNI GUPTA Respondents

JUDGEMENT

(1.) ON the last date of hearing, i.e., on 5.1.2015, it was noted that having regard to the nature of relief prayed for by the plaintiffs and taking into consideration the fact that the dispute is between the parents -in -law and the daughter -in -law, their presence was required for today. However, it appears that due to a typing error, the next date of hearing was noted in the order sheet as 5.2.2015.

(2.) THE defendant who is present in court and represented through counsel, denies the allegations levelled by the plaintiffs against her and states that ever since she had left their residence in the year 2011, she has not visited the same, much less threatened the plaintiffs either on the telephone or by any other means. She submits that when she had last visited the residence of the plaintiffs sometime in the year 2012, it was only to ask after the health of her husband, Dr. Vikas Gupta, who had undergone a surgery and the telephonic calls that she had made were to speak to her minor son who is residing with her husband and the in -laws. She states that her son has been spending weekends between Fridays and Sundays and some school holidays with her on several occasions.

(3.) LEARNED counsel for the plaintiffs denies the aforesaid submissions and informs the Court that Dr.Vikas Gupta, the defendant's husband has already filed an application under Section 12 of the Guardians and Wards Act, registered as G.S. No.158/2014 and summons were issued in the said suit on 29.11.2014, returnable on 24.1.2015. She submits that an interim order has been granted by the Guardianship Court to the effect that the defendant herein will not interfere in the custody of the minor son, till further orders.