JASVIR KAUR Vs. PARMINDER SINGH

JUDGEMENT

(1.) This is an appeal against an order dated 5.3.2018 purported to be under section 47 (i) of the Guardians And Wards Act, 1890 though the impugned order has not been passed specifically under section 43 of the Guardians And Wards Act, 1890.

(2.) Perusal of the file indicates that the respondent-husband had filed an application under section 25(9) of the Guardians And Wards Act, 1890 seeking visitation rights besides claiming custody of the minor child. The said matter was compromised before the Guardian Judge, Chandigarh. Vide order dated 15.12.2014, Annexure P-1, on the statements of the parties, the matter was amicable settled and the permanent custody of the minor child was handed over to the respondent-husband in the Court by the appellant-wife, however, reserving her right of visitation as per her convenience, four times in a month with prior intimation to the respondent-husband telephonically.

(3.) Complaining that the respondent-husband was not adhering to the terms of the settlement, a miscellaneous application was filed by the appellant-wife for modification of order dated 15.12.2014. Copy of the application has been placed on record as Annexure P-3. Contents of the application are indicative of the fact that the appellant-wife had gone to meet the minor child on different occasions, when she was misbehaved by hurling filthy abuses as mentioned in her application. She claimed that she was not being allowed to meet the minor child intentionally by the respondent-husband. The learned Guardian Judge has dismissed the application vide impugned order dated 5.3.2018 on a technical ground that the application for seeking modification of the order dated 15.12.2014 was not maintainable in view of provisions of section 152 of the Code of Civil Procedure.