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Himachal Pradesh High Court

Smt. Sangita Kalia vs Shri Rohit Kalia on 6 May, 2016

Author: Sanjay Karol

Bench: Sanjay Karol

    IN THE HIGH COURT OF HIMACHAL PRADESH,
                    SHIMLA.




                                                                      .
                                           Civil Revision No.202 of 2015





                                           Decided on : 06.05.2016

    Smt. Sangita Kalia                                             ...Petitioner





                                  Versus
    Shri Rohit Kalia                                              ...Respondent
    Coram:




                                            of
    The Hon'ble Mr. Justice Sanjay Karol, Judge.
    Whether approved for reporting? No 1




    For the Petitioner         : Mr. Ajay Kumar, Senior Advocate with
                     rt          Mr. Dheeraj K. Vashista, Advocate.

    For the Respondent          : Mr. Neeraj Gupta, Advocate.


    Sanjay Karol, J.(oral)

Despite persistent efforts put in by this Court, as also the learned Mediator appointed by this Court who did mediate between the parties, by adopting an absolutely insensitive approach, the parties without even showing any express concern for their child, have allowed their egos take over his welfare and interest.

2. At this stage, with the intervention of learned counsel for the parties, parties agree for modification of the impugned order dated 13.10.2015 to the following extent:-

Whether reporters of Local Papers may be allowed to see the judgment?
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(i) The respondent shall have visitation rights in terms of the impugned order dated 13.10.2015, but however instead of Saturday, .

Monday and Wednesday, the respondent shall meet the child on Saturday, Sunday and Monday, between 11:00 AM and 2:00 PM., in the Office of the C.D.P.O. at the place where the petitioner is ordinarily residing, which of presently is at Horli. Meeting shall take place in the presence of the CDPO or a Para Legal Volunteer.

rt

(ii) On such occasions, it shall also be open for the parents of the respondent to meet the child.

(iii) The payments towards maintenance shall be made in terms of orders passed in the proceedings arising out of application filed under Section 125 Cr.P.C., by the trial/appellate Court.

3. With these modifications, present petition stands disposed of. Copy of the order be sent to the Chairman, District Legal Services Authority, Una who shall ensure compliance of the order by issuing appropriate instructions to the Para Legal Volunteer/Incharge Office, C.D.P.O., Una and also ensure their presence during the meetings.

CMP No.1710/2016

Much can be said about the conduct of the parties, however Court is of the considered view that it is ::: Downloaded on - 15/04/2017 20:17:27 :::HCHP 3 neither expedient nor in the interest of justice to initiate inquiry in the manner in which it is sought for by the .

respondent. As such, application is dismissed.

Pending application(s), if any, also stand disposed of.






                                                      (Sanjay Karol),
    May 6, 2016 (KS)                                       Judge.




                                 of
                 rt









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