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Judgment
15 paragraphs · 347 wordsVide impugned judgment and decree dated 26.03.2018, petition under Section 25 of the Guardians and Wards Act, 1890, filed by the respondent, was
allowed and a direction was issued to the appellant to hand over the custody of the minor child Miss Reet to the respondent.
During pendency of the present appeal and other litigation inter se the parties, a settlement has been arrived at between the parties on 04.09.2018
which is admitted to have been signed by both the parties. The said compromise deed contains the list of the cases pending inter se the parties and the
terms of the settlement which have been arrived at between the parties. It is inter alia provided in one of the conditions that the present appeal is to be
withdrawn by the appellant and she would hand over the custody of Reet to her father safeguarding the visitation rights of the appellant twice a month
for period of two hours on each day. The dates, timings and venue would be fixed by the parties in advance after prior consultation as per
convenience of both the parties and the child preferably on 1st and 3rd Sunday of every month.
Both the parties, present in the Court, have undertaken to comply with the directions of the Court.
In view of said circumstances, the appeal is disposed of as withdrawn having been executed as per the settlement.
Taking into consideration the peculiar circumstances of this case and the welfare of the minor girl, we, in the capacity as loco parentis, order that in
case of violation of any of the conditions or change of circumstances, it will be open to the parties to approach this Court under Section 43 of the
Guardians and Wards Act, 1890 for any direction in the interest of the minor child.
It will be open to the parties to enhance the period of visitation in case it is required for the welfare of the child.
Parties are directed to remain with the child for some reasonable duration to enable the child to adjust in the new environment.
