Parkash Singh and Another vs Mrs. Sushma Devi

Rajive Bhalla, J.—The appellants have filed this appeal to challenge order dated 19.9.2011, passed by Guardian Judge, Yamuna Nagar, at Jagadhari granting custody of the minor to the respondent-mother. During pendency of the appeal and with able assistance of their respective counsel, parties have agreed that Sushma Devi respondent shall give up custody and guardianship of the minor in favour of the appellants, who are the paternal grand-parents of the minor and she shall be allowed to meet the minor once every two months. Smt. Sushma Devi has filed an affidavit dated 8.10.2013, which is taken on record as Mark ''X''. A relevant extract from the affidavit reads as follows:--

That the deponent is agree in compliance of the order dated 21.08.2013 passed by this Hon''ble High Court that the deponent is ready to give up custody and guardianship of the minor if the deponent is allowed to meet the minor once every two months in the Hon''ble District Court, Jagadhari at Yamuna Nagar The deponent has no objection to this agreement.

The appellant Parkash Singh has filed an affidavit, dated 8th October, 2013, accepting the statement made by Sushma Devi respondent and states that he would produce the minor child once every two months before the Secretary, District Legal Services Authority, Yamuna Nagar at Jagadhari. Smt. Bhagwanti Devi wife of Parkash Singh has also filed a similar affidavit dated 8.10.2013.

Counsel for the parties pray that in view of settlement between the parties, the order passed by the Guardian Judge may be set aside and the appeal may be disposed of by declaring the appellants as guardians and custodians of the person of the minor with visitation rights to the respondent, as agreed.

We have heard counsel for the parties, perused the affidavits filed by parties and in view of the bona fide settlement of the dispute, allow the appeal, set aside the impugned order and hold that Parkash Singh and Bhagwanti Devi shall be declared joint guardians and custodians of the person of the minor. Sushama Devi, respondent shall be entitled to meet the minor on the first Saturday of every second month at a meeting to be held in the office of Secretary, District Legal Services Authority, Yamuna Nagar at Jagadhari. The first meeting shall take place on 02.11.2013.

In case the first Saturday is a holiday, the meeting shall take place on the third Saturday of the same month. In case of any clarification, the parties shall be at liberty to approach this Court by way of an appropriate application.