NAVJINDER KAUR Vs. U.T. CHANDIGARH AND OTHERS

JUDGEMENT

(1.) This Court had made an order on 20.2.2017 appointing Warrant Officer to find out the children namely Vansh Kumar Dhall aged 12 years and Bhumi aged about 11 years and issued notice of motion to the respondents returnable on 21.2.2017. However the Warrant Officer went on to take action on the same day i.e. 20.2.2017 and with the help of police traced out the children. That is how on the request of the Registry this Court permitted the circulation of this matter today before this Court though the notice was returnable on 22.2.2017.

(2.) Seen the report made by Shri Bhag Singh Virk Warrant Officer with DDR No.48. Report shows that there was resistance from the respondent No.4 but then the Warrant Officer succeeded in getting the children. The children are produced before me. I have made inquiries from the children. Both of them say that they want to reside with their mother namely the petitioner Navjinder Kaur and they being the Australian citizens would like to go to Australia with their mother. Learned counsel for the U.T. Chandigarh also states that the children are Australian citizens but their visa has expired on 9.2017.

(3.) In view of the desire explained by the children namely Vansh Kumar Dhall and Bhumi Dhall who are aged about 12 years and 11 years and since their understanding is better this Court is convinced that their custody should be given to their petitioner mother. That is all the more so because respondent No.4 their father on being called out is not present in the Court which shows that he has hardly any interest in the children.