COCP No.1833 of 2008(O & M) & 1 COCP No.556 of 2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No.1833 of 2008(O & M) & COCP No.556 of 2009 Date of Decision:17.07.2009 Bhalinderjit Singh ....petitioner Versus Savinder Kaur & anr. .....respondents CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG Present: Mr.P.S.Sekhon,,Advocate for the petitioner Mr.Gurcharan Dass, Advocate for the respondents **** RAKESH KUMAR GARG J.(ORAL): As per the averments made in both these petitions Civil Revision No.2651 of 2008 which has arisen out of the proceedings under the Guardian and Wards Act, was disposed of by this Court on 17.10.2008. There was a litigation for custody of children between the parties, who were husband and wife. In the aforesaid revision petition the following order was passed on 17.10.2008: "The merit of the case is not required to be gone into as the parties were called and amicable settlement with regard to the maintenance pendente lite as well as for custody of children has been arrived at. It is agreed between the parties that the respondent shall pay a sum of Rs. 2 lac per annum as COCP No.1833 of 2008(O & M) & 2 COCP No.556 of 2009 maintenance to petitioners No.2 and 3 which shall be payable in two six monthly instalments. First instalment of Rs.1 lac i.e. Rs.50,000/- each in favour of petitioners No.2 and 3 shall be paid by the respondent on or before 30.11.2008 and second instalment is to be paid by 20th of April, 2009. Thereafter the instalments shall be paid every year in the month of April and November. Petitioners No.2 and 3 shall stay with the respondent twice a month i.e.on second and fourth Saturday night. It shall be the responsibility of the respondent to bring back the children to the petitioner No.1 on Sunday evening positively. However, during the long vacation the peititioners No.2 and 3 shall stay with respondent for few days depending upon the span of holidays. It shall also be open to the respondent to take petitioners No.2 and 3 i.e.his son and daughter for tourist visit in vacation if so agreed. Petitioner No.2 and 3 shall accompany the respondent for stay with him for the first time on 25.10.2008 and shall stay with him for the night. They shall be sent back to their place of residence at Ludhiana on 26.10.2008 evening. Petitioners No.2 and 3 shall also stay with the respondent on every second Saturday and 4th Saturday. The respondent shall take the children after the school/college hours if it happens to be a working day. At the sake of repetition it may be mentioned that shall be the responsibility of the respondent to send COCP No.1833 of 2008(O & M) & 3 COCP No.556 of 2009 back the children to their place of residence at Ludhiana on Sunday evening. This agreement has been accepted by petitioner No.1, also.” In both these petitions, it is alleged that the opposite party has violated the orders passed by this court in the aforesaid civil revision. It is not in dispute that now the petitioner and the respondent i.e.husband and wife have been separated by way of a decree of divorce by mutual consent. It is also not in dispute that both the children who were born to the parties had become major now and are residing in Canada along with respondent No.1. Without going into the merits of the averments made by the parties and taking into consideration the undisputed facts that both the parties have been separated by way of divorce and further that both the children whose custody was in dispute have become major, I am not inclined to proceed further in these contempt petitions. Rule discharged. (RAKESH KUMAR GARG) JUDGE 17.07.2009 neenu