FAO No. 3926 of 2008 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 3926 of 2008 (O&M) Date of decision: 15.12.2009 Smt. Sangita Sharma .. Appellant v. Sunil Dutt Sharma .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. R. L. Sharma, Advocate for the appellant. Mr. Ranjit Sharma, Advocate for the respondent. ... Rajesh Bindal J. Mother of the girl child is in appeal against the order dated 8.9.2008, passed by the learned Guardian Judge, Amritsar in a dispute regarding her custody. The learned court below while deciding the petition filed by the respondent directed that custody of the child shall be taken by the appellant from her father within 3 months. Thereafter, the appellant will provide education and other facilities to the child at Oundh or nearby or other place of posting where she remains posted so that the minor lives directly under the control of her mother. The respondent was permitted to meet the child in her school on every last Monday of the month. Briefly, the facts are that the marriage of the appellant with the respondent was solemnised on 19.10.1994. The appellant is serving as a teacher in Himachal Pradesh, whereas the respondent is a bank employee. Out of the wedlock, one daughter, namely, Apra Sharma was born on 11.6.1996. On account of certain matrimonial disputes, the parties separated on 25.12.1996. Divorce petition filed by the respondent was dismissed on 11.12.2000 against which the appeal is pending before Himachal Pradesh High Court. The petition for custody of the child was filed by the respondent/natural father on 22.12.2004 on the ground that the child was living with her maternal grand parents and they being old could not provide her proper education and other facilities, as the mother was living at Nurpur. He sought custody claiming that he being in a better position and presently FAO No. 3926 of 2008 [2] living at Delhi will be able to provide better facilities and education to the child. The learned court below, while partially accepting the petition, directed the custody of the child to be handed over to the mother and further granted visiting rights to the respondent. It is against this order that the mother is before this Court. Learned counsel for the appellant submitted that considering the fact that educational facilities at Amritsar, where the child was living now, are good as compared to Nurpur, where the appellant is residing, it is in the welfare of the child that she lives there. She is being taken care of well by her maternal grand mother where her Massi and her family are also living close by. On the other hand, learned counsel for the respondent submitted that he can better take care of welfare of the child being her natural father. Besides counsel for both the parties, I heard the parties in person and also the child, namely, Apra Sharma in Chamber. Keeping in view the fact that almost ever since her birth the child is living either with her mother or her maternal grand parents, the parties consented to the following terms: (i) The child will continue her studies while living at Amritsar with her maternal grand mother. (ii) The respondent will have visiting rights to meet the child minimum once a month on any holiday/week end. The place of meeting will be at Nurpur, where the appellant is residing. It will be the responsibility of the appellant to take the child from Amritsar to Nurpur on any date of meeting fixed in advance so as to enable the respondent to meet the child. (iii) The date and time of meeting shall be fixed by the parties themselves by mutual understanding by communication on phone or otherwise keeping in view the job requirements of the parties as well as school or educational engagements of the child. However, it is expected that that in this process, there would not be any ego problem as the interest of the child is paramount. (iv) The request by the respondent for taking the child with him during the period of vacations in the school was also agreed upon by the appellant as well as consented by the child for a week or so as per the convenience of the child. For this purpose, it has been agreed upon that the respondent will take the custody of the child from the appellant at Nurpur and will deliver back her at Nurpur. FAO No. 3926 of 2008 [3] In view of the aforesaid understanding between the parties, the present appeal is disposed of in the above terms and the impugned order of the learned court below stands modified to that extent. (Rajesh Bindal) Judge 15.12.2009 mk