C.R. No.5180 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No.5180 of 2007 Date of Decision: 27.3.2008 Sangeeta .....Petitioner Vs. Rewat Kumar ....Respondent .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. Balram Singh, Advocate for the petitioner. RAJIVE BHALLA, J (Oral) Prayer in this petition is to set aside the order dated 11.9.2007 passed by the Guardian Judge-Civil Judge (Senior Division), Jalandhar. Counsel for the petitioner asserts that in proceedings for grant of divorce, the respondent has given up custody of the minor child. The petition filed under the Guardian and Wards Act, for custody of the minor is not maintainable and the order dated 11.9.2007 passed by the trial Court, directing the petitioner to produce the minor child on the Ist and 3rd Saturday in Court between 2.00 to 4.00 p.m. be set aside. I have heard learned counsel for the petitioner and perused the impugned order. The effect of the order passed in divorce proceedings, where the respondent has allegedly given up custody of the minor child, would be considered by the Guardian Court under issue no.2, which relates to the maintainability of the petition. Counsel for the petitioner has failed to refer to any provision of C.R. No.5180 of 2007 2 law or legal precedent that would restrain a parent, who gives up custody of a child, from praying for visitation rights. The order passed by the trial Court is in the nature of grant of a right to meet the minor and, therefore, is neither incorrect nor void. However, liberty is granted to the petitioner, to move an appropriate application to the trial Court for modification of the order, to the extent that instead of producing the child in Court premises, some other arrangements be made. In case such an application is filed, it be decided within a fortnight of its filing, after notice to the respondent. In this view of the matter, the order dated 11.9.2007 granting visitation right to the respondent does not call for interference. Dismissed. 27.3.2008 (RAJIVE BHALLA) GS JUDGE