BASHIR AHMAD MIR Vs. MST.BATOOL

JUDGEMENT

(1.) The petitioner has challenged the order dated 16.02.2021, passed by learned Principal District Judge, Baramulla, whereby in execution proceedings under Guardian and Wards Act, the learned trial court has, while rejecting the objection raised by the petitioner herein, directed him to comply with order dated 02.05.2017 passed by the said court within 15 days.

(2.) Before coming to the instant petition, let me give a brief background of the facts leading to filing of the instant appeal.

(3.) It appears that the petitioner herein had filed an application under Section 25 of the Guardian and Wards Act before the trial court seeking physical custody of minor son from his former wife, the respondent herein. It appears that during the course of said proceedings, the parties entered into a compromise and the petition was disposed of in terms of the compromise arrived at between the parties and an order came to be passed in this regard by the learned trial court on 02.05.2017. Clause (7) of the compromise settlement arrived at between the parties before the trial court, it appears, has become a bone of contention between the parties. It reads as under: