Thakur Singh Kohil vs Ranjit Kaur

Rajive Bhalla, J. (Oral) - The appeal, in hand, has been filed to challenge order dated 18.10.2011, passed by the Additional Civil Judge (Senior Division), Ambala, declining the appellant''s petition for custody of the minor child.

The appellant, Thakur Singh Kohli, is present and states that he will withdraw the appeal if he is allowed to meet the child once a month, on such terms & conditions as this Court may deem appropriate.

Counsel for the respondent states that he has no objection to the statement made by the appellant and modification of the impugned order.

We have heard counsel for the parties and perused the impugned judgment and in view of statements made by the appellant, and counsel for the respondent, dispose of the appeal by modifying the order 18.10.2011, passed by the Additional Civil Judge (Senior Division), Ambala, in the following terms: -

"1. The custody of the minor shall remain with the respondent.

The appellant shall be entitled to meet the minor on the first Saturday of each calendar month.

The respondent shall ensure the presence of the minor before the Secretary, Legal Services Authority, Ambala, between 2 PM to 4 PM, and the meeting shall take place under the direct supervision of the Secretary, Legal Services Authority, Ambala.

The appellant shall pay Rs. 2,000/- to the minor on each meeting.

The Secretary, Legal Services Authority, Ambala, shall ensure that the meeting takes place in his presence or in the presence of any officer duly authorised by him, in this behalf.

The first meeting shall take place on 04th May, 2013.

In case, the first Saturday is a holiday then the meeting shall take place on the third Saturday of the said calendar month.

The arrangement shall continue for one year whereafter parties may alter the terms & conditions of visitation, either on their own or by approaching this Court by way of an appropriate application."