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2009 DIGILAW 950 (PNJ)

Satnam Kaur v. Jagir Singh

2009-05-15

L.N.MITTAL

body2009
Judgment L.N.Mittal, J. 1. This is revision petition by Satnam Kaur assailing order dated 02.04.2008 (Annexure P-1) passed by learned Guardian Judge, Jalandhar, whereby respondents, on their application, have been granted right to meet their grandchildren for two hours from 02 :00 P.M. to 04 :00 P.M. in the court premises on last Saturday of every month. 2. Petitioners late husband Amarjit Singh was the only son of the respondents. The petitioner is now residing with her minor children i.e. grandchildren of respondents. Respondents have filed main petition for custody of the children. During pendency of the main case, the respondents filed application for interim relief seeking permission to meet the minor children. The said application has been allowed in the aforesaid terms vide impugned order dated 02.04.2008 (Annexure P-1) by the Guardian Judge, Jalandhar. The petitioner has been directed to bring the minors to the Court on last Saturday of every month from 02 :00 P.M. to 04 :00 P.M. so that the respondents herein may meet their grandchildren for two hours in a month. 3. I have heard learned counsel for the petitioner and perused the case file. 4. Learned counsel for the petitioner states at the bar that the aforesaid order is being complied with by the petitioner. It is also stated that the case has since been transferred from Jalandhar to court at Mohali on application moved by the petitioner because she is residing at Mohali, whereas the respondents, who have filed the main petition, are residents of Jalandhar. Now, the respondents have to come from Jalandhar to Mohali to meet their grandchildren for two hours once a month. 5. Learned counsel for the petitioner vehemently contended that the respondents have of late started creating scene in the court at the time of meeting the minors. It is also contended that the respondents are also causing harassment to the petitioner. The contentions are completely bereft of any merit. No such plea has even been taken in the revision petition nor there is any material on record to substantiate the aforesaid contentions. There is a plea in the revision petition that the respondents have started agitating before the Civil Court at Jalandhar by opposing job to the petitioner on compassionate grounds and therefore, the attitude of the respondents stands entirely changed. There is a plea in the revision petition that the respondents have started agitating before the Civil Court at Jalandhar by opposing job to the petitioner on compassionate grounds and therefore, the attitude of the respondents stands entirely changed. It is also pleaded that the respondents by way of formality only want to see the children to snatch them from the petitioner and to disturb their study. However, there is no plea that the respondents ever made any effort to snatch the minors or that the respondents ever created any scene in the court at the time of meeting the grandchildren. If any such thing had happened, the Guardian Judge would have taken note thereof and even otherwise, the Guardian Judge is competent to pass any appropriate order, if any such thing happens. Learned counsel for the petitioner emphatically referred to contention in the revision petition that the children in the open court flatly refused to meet the respondents many times. Obviously, the minor children would say whatever is tutored to them by the petitioner because the minors always live with the petitioner and meet the respondents only for two hours a month. There is also no material on record to substantiate the aforesaid contention of the petitioner raised in the revision petition. 6. The revision petition is completely misconceived and devoid of any merit and is accordingly dismissed.