IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH COCP No.168 of 2007 (O&M) Date of decision: October 05, 2009. Krishan ...Petitioner(s) v. Smt. Phulkali ...Respondent(s) CORAM:HON'BLE MR. JUSTICE RAKESH KUMAR GARG Present: Shri Gopal Mittal, Advocate, for the petitioner. Shri Aman Pal, Advocate, for the respondent. Rakesh Kumar Garg, J. (Oral): The grievance of the petitioner before this Court is that despite the directions given by this Court, the respondent-wife has failed to hand over the custody of the minor, namely, Amit to the petitioner-husband. A perusal of the order dated 5.12.2008 shows that the minor child – Amit was present in court and on the asking of the court, he has shown his unwillingness to accompany his father. The court also found that it would not be in the interest of justice of the child to possibly send him with the father and in view of the aforesaid observations, the parties directed to approach the Division Bench for appropriate orders. It is not in dispute that the application for modification/recalling of the order dated 10.11.2006 is pending. In view of the aforesaid fact, I am not inclined to proceed further in this contempt petition. Rule discharged. October 05, 2009. [ Rakesh Kumar Garg ] kadyan Judge