MONIKA GUPTA Vs. AVINASH GUPTA

JUDGEMENT

(1.) SINCE these matters are arising out of the common proceedings of court below under section 25 of Guardians and Wards Act,1890 (hereinafter called as "Act"), with the consent of parties matters were analogously heard and are decided by this common order.

(2.) THIS matter is arising out of Case No.18/11 (Guardians and Wards Act). The said case was filed under Section 25 of the Act by the respondent/husband. He prayed for custody of his eight years old son. The husband has filed a divorce petition, which is subjudice. In Section 25 proceedings, the husband filed an application for interim custody of the child (Annexure P/4). Reply of petitioner is Annexure P -5. The court below allowed the said application by impugned order dated 16.10.2012. It was contended by the petitioner that child is suffering from some ailment. In that situation, it will not be safe to hand him over to the husband alone. It was stated that the interest and welfare of the child is paramount consideration and the court below has erred in not considering the aforesaid aspect.

(3.) THIS Court on 9.11.2012 directed that no coercive action be taken against the petitioner till next date of hearing pursuant to the impugned order. Learned counsel for the parties fairly submit that by impugned order, child Aditya Gupta was permitted to be taken by the husband for certain period during October, 2012. Admittedly, because of interim order passed by this Court, that period is over and accordingly it is admitted by the learned counsel for the parties that this order dated 16.10.2012 has lost its complete shine and cannot be enforced now.