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1995 Supreme(Del) 780

MANMOHAN SARIN
INDIRA KHURANA – Appellant
Versus
PREM PRAKASH – Respondent


Advocates Appeared:
K.M.Kataria, KULDIP KUMAR, R.L.TANDON, Vivek Tandon

Manmohan Sarin

( 1 ) THE petitioner by this revision petition assails the impugned order dated 9. 8. 1995 passed by Mr. R. S. Khanna, Guardian Judge, whereby the learned Judge directed the petitioner to send the children; i. e. two daughters to the respondent/father from 10 a. m. to 6 p. m. on Sundays. Further that the respondent would return the children to the petitioner at 6 p. m. on the same day. The above order was passed on the respondent s application for visitation rights.

( 2 ) LEARNED Counsel for the petitioner has assailed the impugned order mainly on the ground that the learned Guardain Judge allowed the application of the respondent and granted the visitation rights and interim custody to the respondent during that period, without ascertaining the wishes of the children. Learned Counsel for the petitioner assailed the order on the ground that it was the duty of the Guardian Judge to personally meet the children, ascertain their wishes and then only decide whether it would be in welfare of the children to grant visitation rights to the respondent.

( 3 ) LEARNED Counsel for the petitioner submitted that the daughters viz. Radhika, aged 131/2 years and Nitika aged 12 years











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