IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 5 of 2009 Date of decision:- 21.01.2009. Kusum Lata @ Gutami ...Petitioner Versus Sanjeev Kumar ...Respondent CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present:- Mr. Tribhawan Singla, Advocate for the petitioner. Mr. Bharat Bhushan, Advocate for the respondent. JASWANT SINGH J.(Oral) Petitioner-wife Kusum Lata @ Gutami has filed this petition under Article 227 of the Constitution of India for setting aside the order dated 01.11.2008 passed by learned Additional Civil Judge (Senior Division) Barnala whereby it has been ordered that the custody of her son master Rohit Garg shall be taken over from the residence of respondent- husband Sanjeev Kumar, father of the child at his residence at Dhanaula at 4.00 PM on every Saturday. It is argued by learned counsel for the petitioner-wife that the direction passed by learned Additional Civil Judge (Senior Division) Barnala that the custody of her son master Rohit Garg shall be taken from the residence of Sanjeev Kumar amounts to modifying the direction dated 16.10.2008 passed by this Hon'ble Court in Civil Revision No.4472 of 2008 (O & M), wherein the said custody was to be taken from the premises of the school. It has been brought to the notice of the Court that during winter, the school is over by 1.30 PM and during summer, the school is over by 12.30 PM. Civil Revision No. 5 of 2009 -2- Learned counsel for the respondent-husband Sanjeev Kumar has stated that he has no objection that if the child is picked up on every Saturday from the school premises by the petitioner-wife after the school is over. Learned counsel for the petitioner-wife states that the petitioner-wife shall file an undertaking before the Principal of 'Mother Teacher Preparatory School', Barnala, where their four years old son Master Rohit Garg is a student of Nursery, that she will collect her son from the premises of the school. He further undertakes that the petitioner-wife shall restore the child to the custody of the respondent-husband at his place of residence at Dhanaula at 6.00 PM or earlier, as the situation demands. Learned counsel further undertakes that his client shall inform the school authorities as well as the respondent-husband in advance in case she is unable to collect her child on any Saturday, so that alternative arrangements can be made. Learned counsel for the respondent-husband accepts the stand of the petitioner-wife. In view of the aforesaid consensus arrived at between the parties the impugned order dated 1.11.2008 stands modified to the extent that on every Saturday, when the classes are held, petitioner-wife shall collect her son from the school premises after the school is over and shall restore the custody to the respondent-husband at his place of residence at Dhanaula at or by 6.00 PM. Principal of Mother Teacher Preparatory School, Barnala is also directed to hand over the custody of the said child i.e. Master Rohit Garg on Saturdays after school hours, either to his mother Civil Revision No. 5 of 2009 -3- or father, as the case may be. It is further clarified that this arrangement is only with regard to Saturday and does not affect the rights of the petitioner-wife for other days as granted by this Court while disposing of the Civil Revision No. 4472 of 2008. Revision petition stands disposed of in the aforesaid terms. Dasti on payment. January 21, 2009 (JASWANT SINGH) vj JUDGE