FAQIR CHAND Vs. SAVITA MITTAL

JUDGEMENT

(1.) CM . 365/96, Crt. M. Nos. 392 & 393 of 1996 are allowed, as prayed for. This is a petition by grand-father whose only son has died leaving behind his widow and two minor children. The petitioner wants that the children be given to his custody for at least 15 days in a month and seeks access to his grand-children for himself and his wife for at least two hours once in a week either on Saturdays or Sundays. In the return to the petition, Smt. Savita-respondent has raised some preliminary objection which need not be come into and the only relevant thing is the welfare and interest of the children and allowing access of the children to their grand parents. The Counsel for the respondent-Savita Mittal has no objection to the visit of the petitioner and his wife to the residence of the respondent at Ambala on Saturdays and Sundays. He also stated during the course of arguments that there is no objection to their staying with the children and rightly so because to grow as a good citizen and better human being the children must have the warmth and love of their grand parents. During the course of arguments, it is stated that certain litigation is also pending at Ambala and the Counsel for the petitioner states that he is going to withdraw the same as it was filed on wrong advice. This is unfortunate that this litigation started on account of the custody of children for no fault of theirs. They should not be allowed to suffer and deprived of the love and affection of the parties. It is, therefore, directed that the petitioner and his wife will be at liberty to visit the grand-children at the house of respondent at Ambala on every Saturday and Sunday. Since the children are living with their mother, it will not be possible for them to remain with the petitioner for 15 days in a month as the daughter is 6 years and son is 1 years old as has come during the course of arguments, as it may affect their study and upbringing. However, it will be open to the mother respondent to visit the petitioner alongwith children whenever she likes. .