This appeal granted custody of a minor son to the appellant was dismissed for failure to pay interim maintenance ordered by the court, casting doubt on his bona fides. The application for condonation of 98 days' delay was also dismissed.
Dismissal of the main appeal and the application for condonation of delay.
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FAO No. 4542 of 2011
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO No. 4542 of 2011
Date of decision : August 16, 2012
Gulshan Kumar
..... Appellant
Versus
Neeru
..... Respondent
CORAM : HON'BLE MR. JUSTICE S.S. SARON. HON'BLE MR. JUSTICE S.P. BANGARH.
Present : Mr. Amit Jain, Advocate for the appellant. Mr. Rakesh Dhiman, Advocate for the respondent. ********
S.S. SARON, J.
The appellant Gulshan Kumar filed a petition under
Section 8 of the Guardians and Wards Act, 1890 (“Act” - for short) seeking
custody of his minor son – Master Bhavya Arora. The said petition was
dismissed by the learned District Judge (Family Court), Gurgaon on 10.1.2011. Aggrieved against the same, the appellant has filed the present appeal which
was barred by 98 days in filing. A civil misc. application i.e. CM No.16881-
CII of 2011 has also been filed seeking condonation of 98 days' delay in filing
the appeal. On 30.9.2011, this Court issued notice in the application for
FAO No. 4542 of 2011
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condonation of delay in filing the appeal as well as in the main appeal. Both the parties along with their child were directed to be present. The appellanthusband was also directed to bring a draft of 10,000/- in favour of his wife for payment to her as litigation expenses. On 17.2.2012, a draft of 10,000/was handed over to the respondent-wife as interim litigation expenses which was accepted by her. Thereafter, on 20.4.2012 this Court after hearing learned counsel for the parties for some time found that the appellant should pay some interim maintenance for the minor child which would also adjudge his bona fide. The appellant was asked to pay a sum of ` 5000/- per month from the date of filing the appeal i.e. 21.5.2011. The needful was ordered to be done within two months. The case was listed for hearing on 13.7.2012. On 13.7.2012, learned counsel for the respondent-wife submitted that no amount had been paid by the appellant to the minor child, which was to be paid within two months from 20.4.2012 that is upto 19.6.2012. Learned counsel for the appellant prayed for time to seek instructions. The case was accordingly adjourned to 26.7.2012. Learned counsel for the appellant on the said date prayed for more time and on his request, the case was adjourned for today i.e. 16.8.2012.
Today, learned counsel for the appellant submits that
despite his best efforts, he has not been able to contact the appellant and it appears that he is avoiding him. Therefore, it is quite evident that the appellant
FAO No. 4542 of 2011
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is not serious to comply with the order dated 20.4.2012 passed by this Court
asking him to pay ` 5000/- per month to his minor son as interim maintenance
from the date of filing of the appeal i.e. 21.5.2011 to adjudge his bona fide. Accordingly, there has been a failure on the part of the appellant to comply with the order of this Court and also show his bona fide.
In the circumstances, the application seeking condonation of delay of 98 days in filing the appeal as also the main appeal are dismissed
for non-payment of the interim maintenance to the minor child namely Master
Bhavya Arora which was ordered to be paid by this Court.
(S.S. SARON)
JUDGE
(S.P. BANGARH) 16.8.2012 JUDGE
amit
2 issues framed by the court
Whether the appeal seeking custody of a minor son and condonation of delay in filing should be admitted.
Whether the appellant fulfilled the duty to pay interim maintenance to the minor child before filing the appeal.
1 provisions across 1 enactments
Gulshan Kumar
Neeru
S.S. Saron
S.P. Bangarh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
