SHYAM SUNDER TRIKHA Vs. SUNITA

JUDGEMENT

(1.) The petitioner is aggrieved by an order dated 14.1.1997, passed by the learned Guardian Judge, on the application under Section 12 of the Guardian and Wards Act, for interim custody of the child. The learned Guardian Judge allowed custody of the child to the petitioner on every 2nd and 4th Sunday of the month between 9.00 AM. to 6.00 PM.

(2.) The petitioner's grievance emanates from the fact that in terms of the mutual arrangement arrived at between the parties at the time of grant of divorce by mutual consent, the petitioner/father was to have custody of the child on the morning of 2nd and 4th Saturday of each month till 8.00 PM., on the following Sundays. Apart from that, the petitioner was to have custody of the child for 10 days during summer vacation and 6 days during Dusherra and Ashtami and 5 days during winter vacation.

(3.) Respondent has filed reply to the revision petition and application for stay. An application, viz. CM No.1572/97 has been moved by the respondent seeking cancellation of the visitation rights to the father and setting aside of the impugned order in this regard. The said application came up before the Court on 29.4.1997 after judgment had been reserved upon conclusion of arguments on 25.4.1997. The said application was taken on record.