GAGAN GUPTA versus V.K. SHINGHARI & ANR

High Court of Punjab and Haryana, Chandigarh

Indian Supreme Court Cases / Judgements / Legislation

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Gagan Gupta v. V.K. Shinghari & Anr - CRWP-869-2006 [2007] RD-P&H 1153 (1 February 2007)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Crl. W.P. No. 869 of 2006 ( O&M )

DATE OF DECISION : 01.02.2007

Gagan Gupta

.... PETITIONER

Versus

V.K. Shinghari and another

..... RESPONDENTS

CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
Present: Mr. O.P. Goyal, Senior Advocate, with Ms. Priya Khurana, Advocate,

for the petitioner.

Mr. V.K. Jindal, Advocate,

for the respondents.

* * *

The petitioner has filed Crl. Misc. No. 41 of 2007 for disposing of the main case, which is now fixed for February 22, 2007 for arguments.

With the consent of counsel for both the parties, the date of hearing has been pre-poned to today.

Petitioner Gagan Gupta, father of minor Agam, has filed this petition under Article 226 of the Constitution of India for issuance of a writ in the nature of habeas corpus for the custody of his minor son Agam, who is in the custody of his grand maternal parents.

Undisputedly, a petition filed by both the respondents under Section 7 of the Guardianship and Wards Act, seeking custody of the minor child, is pending in the court of Civil Judge (Senior Division) Chandigarh.

Both the parties have agreed that let this petition be disposed of with a direction to the trial court to decide the case within a stipulated period. It has been agreed that both the parties be provided two opportunities each.

In view of the facts and circumstances and the consensus arrived at by the parties, this petition is dispose of with a direction to the trial court to decide the custody petition within a period of four months, after providing two opportunities to each of the party.

February 01, 2007 ( SATISH KUMAR MITTAL ) ndj JUDGE

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