Supreme Court of India
Pooja Bahadur vs Uday Bahadur on 11 May, 1999
Equivalent citations: AIR1999SC1741, JT1999(4)SC3, 1999(3)SCALE584, (1999)4SCC348, 1999(2)UJ986(SC), AIR 1999 SUPREME COURT 1741, 1999 (4) SCC 348, 1999 AIR SCW 1473, (1999) 2 MARRILJ 154, 1999 (2) ALL CJ 1461, 1999 (2) UJ (SC) 986, 1999 ALL CJ 2 1461, 1999 (6) ADSC 346, 1999 (3) SCALE 584, 1999 (6) SRJ 382, (1999) 4 JT 3 (SC), 1999 UJ(SC) 2 986, 1999 (2) MARR LJ 154, (1999) MATLR 385, (1999) 5 SUPREME 362, (1999) 3 SCALE 584, (1999) 36 ALL LR 761, (1999) 2 ANDHWR 124, (1999) 2 CURLJ(CCR) 589, (1999) 3 RECCIVR 219
Bench: S.B. Majmudar, D.P. Mohapatra
ORDER
1. Leave granted.
2. We have heard learned counsel for the parties.
3. We also tried to work out an amicable settlement between the parties, at least regarding custody of minor children. Various interim orders were passed. The latest interim order regarding access of the minor children to be given to the mother was passed on 26th March, 1999 granting access to the mother on alternative Saturdays listed therein.
4. The appeal arises out of an appellate order of the High Court of Punjab & Haryana at Chandigarh, taking the view that custody proceedings by the mother would lie in the Guardian and Wards Court at Delhi and not in a Court at Chandigarh. As the minor children are residing with the father at Delhi no fault can be found with that order.
5. We, therefore, while disposing of this appeal direct the transfer of custody proceedings from Chandigarh Court to be filed before Guardian and Wards Court, Delhi/District Court, Delhi. The District Court, Delhi shall proceed to deal with this matter at its earliest convenience and may decide the same on its own merits, after hearing the parties in these proceedings.
6. Arrangement of giving access of the minor children to the appellant-mother on alternative Saturdays will continue on same terms and conditions, that is, they will be allowed to meet the mother from 11.00 a.m. in the morning of each alternative Saturday till 11.00 a.m. of the succeeding Sunday. This arrangement will be continued till further orders of the Guardian and Wards Court at Delhi. We make it clear that the Guardian and Wards Court will decide the question of further interim or final relief strictly on its own merits, without in any way being affected by the interim arrangement which is directed to be continued, without prejudice to the rights and contentions of both the parties, by our present order.
7. The Civil Appeal is disposed of accordingly.
8. No costs.