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Judgment
Sushil Kukreja, J
By way of present revision petition, the petitioner has challenged the impugned order dated 01.10.2022, passed by learned Principal Judge, Family Court, Kangra at Dharamshala. The relevant portion of the aforesaid order reads as under:-
“…….The S.H.O, Police Stations Jawalamukhi/Dehra are directed to provide police assistance to the applicant by deputing a constable while he (applicant) visit to meet his minor child Master Ridit Malhotra on every Sunday from morning 10.00 AM on every Sunday and shall leave him with the respondent by 6.00 PM at her residence. Thereafter, hand over the custody of minor child Master Ridit Malhotra to the respondent. Further, the respondent is also directed not to change her addresses and residences i.e. of Village Garli (Tehsil Rakkar) and Village Silh (Jawalamukhi) without information of applicant. The SHO Police Stations Jawalamukhi/Dehra are directed that if, during the meeting of the applicant with the minor child, if any, of the parties create any unwanted and unwarranted situation to the police, they are at liberty to take legal action against them as per law. The application stands disposed of. It be tagged with the main petition.”
The perusal of the record reveals that vide order dated 6. 12.2018, the Judge Family Court, Dwarka, New Delhi, has passed the following order:-
“….Vide separate order of even date, dictated and announced in the open Court, the application filed by the petitioner u/s 12 of the Guardianship and Wards Act, 1890, is allowed with the directions that custody of the minor child namely Master Ridit Malhotra shall remain with the respondent during the pendency of the petition, however, petitioner shall be entitled for visitation rights qua minor child Master Ridit Malotra on every Sunday from morning till evening. He shall take Master Ridit Malhotra from the residence of the respondent at 10.00 AM on every Sunday and shall leave him with the respondent by 06.00 PM at her residence.
The petitioner is also directed to pay amount of Rs.2500/- per month to the respondent as maintenance for the minor child….”
Vide order dated 01.07.2019, passed by the Hon’ble Supreme Court in Transfer Petition (Civil) No. 1120 of 2019, titled Meena Malhotra Vs. Amit Malhotra, the case was transferred from the Family Court Dwarka, New Delhi to the Family Court, Kangra at Dharamshala.
On 30.08.2022, the applicant/petitioner had moved an application seeking clarification/modification of order dated 6. 12.2018. The perusal of the record reveals that the aforesaid application has not been decided by the Court, till date.
Learned counsel for the respondent also states that he has also filed an application for modification/clarification of order dated 06.12.2018.
At this stage, learned counsel for the petitioner submits that petitioner would be satisfied, if the court below, is directed to decide her application for modification/clarification of order dated 6. 12.2018, expeditiously.
Therefore, without adverting into the merits of the case, learned Principal Judge, Family Court, Kangra at Dharamshala is directed to decide the applications of both petitioner as well as respondent for modification/clarification of order dated 06.12.2018, strictly, in accordance with law, after affording reasonable opportunity of being heard to both the parties, as expeditiously as possible. The parties are directed to appear before the learned Family Court, Kangra at Dharamshala on 25th April, 2023.
Record of the learned trial court be sent back.
Petition stands disposed of in above terms, so also the pending application(s), if any.