INDIRA KHURANA Vs. PREM PRAKASH

JUDGEMENT

(1.) The petitioner by this revision petition assails the impugned order dated 9.8.1995 passed by Mr. R.S. Khanna, Guardian Judge, whereby the learned Judge directed the petitioner to send the children; i.e. two daughters to the respondent/father from 10 a.m. to 6 p.m. on Sundays. Further that the respondent would return the children to the petitioner at 6 p.m. on the same day. The above order was passed on the respondent's application for visitation rights.

(2.) Learned Counsel for the petitioner has assailed the impugned order mainly on the ground that the learned Guardain Judge allowed the application of the respondent and granted the visitation rights and interim custody to the respondent during that period, without ascertaining the wishes of the children. Learned Counsel for the petitioner assailed the order on the ground that it was the duty of the Guardian Judge to personally meet the children, ascertain their wishes and then only decide whether it would be in welfare of the children to grant visitation rights to the respondent.

(3.) Learned Counsel for the petitioner submitted that the daughters viz. Radhika, aged 131/2 years and Nitika aged 12 years were fairly matured and capable of making an intelligent preference. The learned Guardian Judge should have ascertained their wishes and attempted to find out the causes as to why the children were not willing to meet or have anything to do with their father. The impugned order it was submitted was against the welfare of the children. It was submitted that the respondent apart from treating the petitioner with utmost cruelty had also been cruel to the children. Reference was made to an incident when respondent allegedly beat up Radhika with a stick. It was stated that the children were petrified of the respondent and in fact used to either feign sleep or huddle in a corner when the respondent used to come home.