MEENA DAWAR AND ORS. Vs. RAJEEV ARORA

JUDGEMENT

(1.) THIS revision -petition, under Article 227 of the Constitution of India, is directed, against the order dated 31.01.09, rendered by the Guardian Court, Amritsar, vide which, it directed the respondents/revision -petitioners to file reply to the petition under Section 25 of the Guardianship Act.

(2.) A petition under Section 25 of the Guardian and Wards Act, was filed by Rajeev Arora, petitioner (now respondent). During the pendency of that petition an application under Sections 5, 8 and 35 of the Arbitration and Conciliation Act, 1996, and Section 151 of the Code of Civil Procedure, for rejection of the petition was filed by Meena Dawar etc. respondent (now petitioners). It was stated that Rajeev Arora, was married to the deceased mother of minor children namely Kashish and Gyatri. Rajiv Arora, and applicants No. 1 to 3, submitted a writing, vide application to the President Joshi Colony (E) Welfare Society, Amritsar, requesting him to act as sole arbitrator, between the parties, with regard to the matter pertaining to the maintenance of two minors children of the petitioner; and regarding the resolution of dispute of their guardianship besides returning the Istridhan to the parents of Preety, deceased wife of petitioner Rajeev Arora. They further gave the consent that the decision of the Arbitrator, will be binding upon the parties, and after this no party will proceed before any Court of law, and will not file any complaint before the Police. The request was duly signed by the parties. A written award dated 23.08.07, was passed by the sole Arbitrator. The award was accepted by the parties and the same was signed in token of its correctness. Meena Dawar etc. filed execution proceedings, to execute the award dated 23.08.07, by claiming Istridhan and two FDRs of Rs. 5 lacs in the name of the minor as per the specific terms and conditions of the same. It was further stated that the application was pending, in the Court of Sh. Karnail Singh, Additional District Judge, Amritsar. Rajiv Arora filed a civil revision No. 3758 of 2008 before this Court, in order to challenge the maintainability of the execution proceedings. The said revision petition was dismissed by this Court, and the execution proceedings for the execution of award were held to be proper and maintainable. A writ petition was also filed by Rajiv Arora. The question of the custody of the minors, after the death of their mother, was fully resolved by way of award. It was further stated that Rajiv Arora agreed not to file any proceedings, in respect of this matter. The award became final after the expiration of period of limitation. It was further stated that the award dated 23.08.07, had got a force of decree. It was further stated that, in the face of the award, referred to above, the petition under Section 25 of the Guardian and Wards Act, was a misuse of the process of law. Accordingly prayer for the rejection of the petition was filed.

(3.) AFTER hearing the Counsel for the parties, and, on going through the record of the case, the trial Court, treated the application filed by the petitioner, under Order 7 Rule 11 of the Code of Civil Procedure. It was directed that, in the meanwhile, the respondents, shall file reply to the main petition.