Sonal Agarwal vs Rajat Aggarwal

KULDIP SINGH J. (ORAL)

Reply filed in Court today and same is taken on record.

This is an application filed under Section 24 read with Section 151 of Code of Civil Procedure, 1908, for transfer of applications, pending before the

Court of learned District Judge, Family Court, Gurgaon, to the Court of learned District Judge, Mohali.

The facts of the case are that petitioner wife had instituted a petition against respondent under Sections 7 and 25 of the Guardians and Wards Act,

1890, read with Section 6 of the Hindu Minority and Guardianship Act, 1956, before the learned District Judge, Family Court, Gurugram, on

3.11.2016. The learned District Judge, Family Court, Gurugram, vide judgment dated 30.5.2017, allowed the said application and handed over the

custody of minor girl of the parties, namely, Dishta Aggarwal, to the present petitioner. Since respondent declined to accept the visiting rights at the

time of arguments, therefore, he was given liberty to file application for seeking visitation rights qua child. Petitioner, who was earlier residing at

Rohini, New Delhi, has now shifted to Zirakpur in District Mohali. Both the parties do not dispute that FAO-4545-2017 is pending before this Court

and is fixed for 29.5.2018.

Now, after the decision of said application and during pendency of appeal, respondent husband has filed two applications before the learned District

Judge, Family Court, Gurugram. In the first application filed under Section 43 (1) of the Guardians And Wards Act, 1890, read with Sections 6 and 8

of the Hindu Minority and Guardianship Act, 1956, (Annexure-P-2), he seeks regulating the conduct of respondent with respect to guardianship of

minor Dishta Aggarwal. In the second application filed under Sections 39 (A), 39(E) and 39(H) of the Guardians and Wards Act, 1890, read with

Sections 6 and 8 of the Hindu Minority and Guardianship Act, 1956, he seeks removal of respondent as guardian.

I am of the view that subject matter of both the applications can be pressed in FAO-4545-2017, which is pending before this Court and this Court

while hearing the appeal can consider the contention of respondent regarding regulating the conduct of present petitioner regarding the guardianship.

This Court can always decide as to whether order of grant of custody of minor child to mother is justified or not ? Respondent can always press

before this Court that said order be set aside which will have effect of removal of petitioner from the guardianship of minor child. The said

applications are nothing, but resulting in multiplicity of litigations regarding plea which can be easily raised before this Court in the first appeal and

can be decided in appeal. As such both applications (Annexure-P-2 and Annexure-P-3) are withdrawn from the Court of learned District Judge,

Family Court, Gurugram, and are transferred to this Court, to be decided with FAO-4545-2017, fixed for 29.5.2018. Consequently, petition is

disposed of. Since main case has been disposed of, therefore, pending application, if any, also stands disposed of.