JYOTI SHARMA Vs. ARVIND SHARMA

JUDGEMENT

(1.) This application under Section 151 of the Code of Civil Procedure has been moved in an Appeal which was disposed of vide order dated 2.4.2007. In the said order the High Court had given directions to the Guardian Judge to decide inter alia the question about the custody of the girl child and whether the mother should take the child to Australia and if so, for what time" It was opined that the questions require investigation, inquiry and evidence. However, since there was urgency about taking the child abroad during summer vacations by the mother, in whose custody the child is, the Guardian Judge was directed to decided immediately within a period of 45 days from 2.4.2007. With these directions the Appeal was disposed of.

(2.) The main grievance of the learned counsel for the applicant is that though the learned Guardian Judge had been hearing the matter almost from day to day no order has been passed for taking the child abroad during summer vacations, whereas the learned Guardian Judge has passed an order for visitation rights of the father-respondent and the Petitioner has been directed to take the child for meeting her father every Saturday, even during summer vacations. Aggrieved the present application has been filed.

(3.) Learned counsel for the Respondent has submitted that firstly the application could not be filed in a disposed of Petition and secondly the husband apprehends that once the child goes abroad, the child will not be brought back and the Petition of the husband-father for custody of the child will become infructuous.