AARTI RANA Vs. GAURAV RANA AND ORS.

JUDGEMENT

(1.) This petition is instituted against the orders dated 18.8.2015 and 24.8.2015 rendered by the Civil Judge (Senior Division), Court No.2, Shimla in case No.6-2 of 2015.

(2.) "Key facts" necessary for the adjudication of this petition are that marriage between petitioner and respondent No.1 Gaurav Rana was solemnized on 29.1.2007. Two children were born. Son, namely, Yuvraj is approximately 7 years of age and daughter is approximately 5 years of age. The relations between petitioner and respondent No.1 are strained. Petitioner has taken away the children to her parents' house. Children were admitted in Adarsh Senior Secondary School on 14.8.2015. They are pursuing their studies at Pragpur. Respondents filed a petition under section 6 of the Hindu Minority and Guardianship Act, 1956 read with sections 25, 7, 8 and 10 of the Guardian and Wards Act, 1890 for the custody of minor children before the learned Civil Judge (Senior Division). Application under section 12 of the Guardian and Wards Act, 1890 was also filed. Civil Judge (Senior Division) allowed the application on 18.8.2015 and directed the petitioner to produce the minor son Yuvraj before the court between 10.00 A.M. to 4.00 P.M. on 22.8.2015.

(3.) Petitioner filed an application under section 151 of the Code of Civil Procedure for recalling/modification of order and also application for extension of time to produce the child before the trial court. She also filed an application under sections 9 (1) and 3 of the Guardian and Wards Act, 1890 for returning the petition to be presented before the appropriate court. Petitioner was permitted to file the reply and show cause notice was issued to the petitioner why contempt proceedings for deliberate disobedience of order dated 18.8.2015 be not initiated against her. Hence, the present petition.