C.R.No.2752 of 2009

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH

C.R.No.2752 of 2009

Date of Order: 25.5.2009

Raj Kumar Chhibba and another

.....Petitioners

Versus

Dinesh Sharma and another

Respondents

CORAM: HON'BLE MR. JUSTICE JASWANT SINGH

Present:

Mr. Akshay Bhan, Advocate for the petitioners.

Mr. Chanakya Pandit, Advocate for the respondents.

JASWANT SINGH, J (ORAL)

By filing the present petition under Article 227 of the

Constitution of India, present petitioners have prayed for setting aside

interim order dated 9.5.2009 (Annexure P.1) passed by learned Additional

District Judge, Gurgaon whereby modalities of visiting rights of respondent-

father qua his minor-11 years old son, for next 3 months, have been worked

out.

Petitioners No.1 and 2 are maternal grandfather and maternal

grandmother of minor child Aditya Sharma. It is case of the petitioners that

their daughter namely Smt Juhi Sharma was married to respondent No.1-Sh.

Dinesh Sharma on 3.12.1996 and from that wedlock a male child namely

Aditya Sharma was born on 11.3.1998 at Hoshiarpur. It is further the case

C.R.No.2752 of 2009

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of the petitioners that soon after the marriage Smt Juhi Sharma discovered

that respondent No.1 was suffering from a psychiatric illness Schizophrenia

and due to that disease he at times would go out of control and used to

physically abuse their daughter Smt Juhi Sharma. It is alleged that

respondent No.1 had no love or affection for his wife and minor child. It is

further alleged that fed up with the behaviour of the respondent, Smt Juhi

Sharma alongwith her minor son namely Aditya Sharma left her

matrimonial home on 22.2.2004 and since then she was residing with the

petitioners at Gurgaon. It is further the case of the petitioners that after

coming to Gurgaon, Smt Juhi Sharma took up a job and was bringing up her

minor child at her parental home. During this period, except 7/8 times,

respondent No.1 did not contact his wife or minor child. Unfortunately, Smt

Juhi Sharma died in a motor vehicular accident on 8.12.2008 leaving behind

her minor son Aditya in the custody of her parents-petitioners No.1 and 2.

Minor Aditya is stated to be a student of Vth standard at Amity Internal

School, Sector 46, Gurgaon.

After the death of Smt Juhi Sharma, petitioners filed petition

under Section 7 and 16 of the Guardians and Wards Act, 1890 read with

Section 151 CPC for declaration of the petitioners as Joint Guardians to the

person and property of Aditya Sharma. In the said petition, petitioners filed

application under Section 12 of the Guardians and Wards Act, 1890 (for

short the Act) read with Order 39 Rules 1 and 2 CPC while respondent No.1

filed an application under Section 12 and 25 of the Act for temporary

custody and protection of the minor child Aditya Sharma.

While considering these applications, the impugned order dated

9.5.2009 came to be passed, whereby respondent, for next 3 months, was

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granted visiting rights to the child on 2^nd and 4^th Sunday of every month

from 9.00 AM to 5.00 PM. It was further directed that if there are vacations

of a month or more, the respondent shall have the right to take the child

with him for fifteen days and if there are vacations for more than fifteen

days, the respondent shall have the right to take the child with him for seven

days. It is the part of the order, whereby temporary custody during the

holidays has been granted, which is subject matter of the present revision

petition on account of disinclination of the 11 years old child to go with his

father.

Notice of motion was issued vide order dated 15.5.2009 for

today and handing over of the custody of the minor-Aditya was also stayed.

Parties are present in court along with their counsel.

I have heard learned counsel for the parties and also interacted

with the minor child and respondent-father in my chambers. I find the child

highly intelligent, doin