LAWS(UTN)-2019-9-85

MONA SHUKLA Vs. RAHUL SHUKLA

Decided On September 27, 2019
Mona Shukla Appellant
V/S
Rahul Shukla Respondents

JUDGEMENT

(1.) This is an appeal from order against judgment and order dated 07.09.2019 passed by Principal Judge, Family Court, Dehradun in Miscellaneous Case No. 18 of 2019, Rahul Shukla vs. Smt. Mona Shukla (hereinafter referred to as "the case").

(2.) The dispute is with regard to the meeting rights to the respondent. In an Appeal from Order No. 495 of 2017, Rahul Shukla vs. Mona Shukla, (for short "the earlier appeal") this Court on 03.10.2017, modified the impugned order, therein, and granted the respondent meeting rights on first, second and fourth Saturday to meet his daughter. When an application was filed by the respondent for enforcement of the meeting rights as granted to him in the earlier appeal, it was objected to by the appellant, on the ground that after order dated 03.10.2017, passed in the earlier appeal, parties had entered into an agreement, whereby, the respondent had relinquished his meeting rights and based on this compromise a petition for dissolution of marriage, on the basis of mutual consent, under Section 13-B of the Hindu Marriage Act, 1955, has already been filed. Therefore, now the appellant cannot insist for enforcement of the meeting rights.

(3.) After hearing the parties, by the impugned judgment and order, the learned court below, permitted the respondent to exercise the meeting rights and ordered for its enforcement. Aggrieved, the appeal.