VIKRAM VIR VOHRA Vs. SHALINI BHALLA

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant assailing the order of the Additional District Judge (ADJ) dated 6th April, 2009 whereby the applications of the respondent dated 7. 11. 2006 and 13. 5. 2008 filed under Section 26 of the Hindu Marriage Act (hereinafter referred to as Act) were allowed and the applications of the appellant dated 30. 11. 2007 and 16. 2. 2009 under the same provision of law seeking permanent custody of the child Master shivam were dismissed.

(2.) PARTIES to the appeal were married according to hindu rites on 10. 12. 2000. A male child namely master Shivam was born out of the wedlock of the parties. Due to disputes and differences parties mutually agreed to divorce each other. Accordingly petition under Section 13-B (1) as first motion petition and another under Section 13-B (2) of the act as second motion petition were filed. A decree of divorce by way of mutual consent was granted in favour of the parties vide judgment dated 5. 9. 2006.

(3.) AS regards custody and visitation rights in respect of the minor child, the parties had arrived at a settlement, besides claim of the respondent for dowry articles, stridhan etc. were settled. The terms of settlement have been incorporated in para 7, 8 and 9 of the petition filed under Section 13-B (2) of the act which reads as under:-