VARUN ARORA Vs. JYOTI ARORA

JUDGEMENT

(1.) Petitioner through the medium of instant petition, filed under and in terms of Section 104 of the Constitution of the Jammu and Kashmir, invokes jurisdiction of this Court for setting aside order dated 25.05.2015, passed by learned Additional District Judge (Matrimonial Cases), Jammu, (for brevity "Trial Court") in case titled as Varun Arora v. Jyoti Arora (hereinafter for short as "impugned order") by virtue of which, prayer of petitioner for interim custody of the child, namely, Jishan, on every Saturday and Sunday and other holidays and days of religious importance, has been declined. Petitioner's next prayer is a direction in the name of respondent to handover interim custody of minor child on every Saturday and Sunday as well as on Holidays i.e. Baisakhi, Holi and Diwali etcetera.

(2.) Petitioner has preferred a petition under Section 25 of Guardian and Wards Act, for grant of custody of minor son, namely, Jishan, of the parties before learned Trial Court. Respondent has filed objections and resisted the petition. Learned Trial Court vide order dated 25.05.2015 has, while declining petitioner's request for grant of interim custody of his minor son on every Saturday and Sunday and on holidays and special occasions such as Baisahki, Holi, Diwali etcetera, given him a right to have meeting and interaction with his minor child and to shower his love and affection on him and accordingly petitioner was granted visitation rights to have meeting and interaction with his minor child for three hours fortnightly on the first and third Sunday of every month in any place convenient to both parties till disposal of main petition under Section 25 of Guardian and Wards Act. It is this order, which is called-in-question in the present petition on the grounds set out in it.

(3.) Heard learned counsel for the parties and perused the record.