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Chattisgarh High Court

Smt. Balprit Kaur vs Santosh Singh 54 Wpl/236/2018 Dol ... on 6 December, 2018

Author: Prashant Kumar Mishra

Bench: Prashant Kumar Mishra

                                                                   NAFR

            HIGH COURT OF CHHATTISGARH, BILASPUR

                          FAM No. 276 of 2018

     • Smt. Balprit Kaur W/o Late Shri Gurjeet Singh Aged About 29
       Years R/o Camp-1, Contractor Colony, Bhilai, Tahsil and District
       Durg, Chhattisgarh

                                                           ---- Petitioner

                                 Versus

     1. Santosh Singh S/o Not Known Aged About 60 Years R/o New
        Khursipar, Behind Gurudwara, Bhilai, Tahsil And District Durg,
        Chhattisgarh

     2. Paramjeet Kaur W/o Santosh Singh Aged About 57 Years R/o
        New Khursipar, Behind Gurudwara, Bhilai, Tahsil and District
        Durg, Chhattisgarh

                                                        ---- Respondents

For Appellant Shri R. K. Gomasta, Advocate Hon'ble Justice Mr. Prashant Kumar Mishra Hon'ble Justice Mrs. Vimla Singh Kapoor Order On Board 06/12/2018

1. By the impugned order, the Trial Court has rejected appellant's application for permission to meet her child during weekends. There is no averment in her application under Section 25 of the Guardians and Wards, 1890 that despite her effort to meet the child, she was denied access by the respondent. The cause title would disclose that the parties are residing in the same town i.e. Bhilai. If the appellant wants, she can visit her child of her own during weekends. Unless the appellant is able to demonstrate that she is denied access to meet her child, the Court's order is not necessary for a mother to meet her child.

2. No case for interference in the impugned order is permissible.

The Trial Court is directed to dispose of the main application for custody within a period of 6 months from today.

3. The appeal is dismissed.

                     Sd/-                                            Sd/-
              Prashant Kumar Mishra                           Vimla Singh Kapoor
                    Judge                                           Judge

Nirala