The single judge bench of Justice Harkesh Manuja of the Punjab and Haryana High Court in the case of Sandeep Sharma Vs Neetu @ Kanika held that in the disputes related to the custody of children rather than, adopting a hyper-technical approach, the court below should have considered the matter by taking a pragmatic approach and granted sufficient opportunity to the petitioner, so as to prove his case.
BRIEF FACTS
The factual matrix of the case is that the wife filed a petition under Section 25 of the Guardians and Wards Act, 1899 against the petitioner, seeking custody of their son. Thereafter, the fixed date which was fixed for the evidence was 05.09.2018 and the opportunity was closed by the court on 09.10.2018. therefore, the revision petition has been filed by the petitioner.
The learned counsel appearing on behalf of the petitioner has contended that the just and sufficient opportunity was not granted to the petitioner for recording his evidences and further, the trial court has shown undue haste while passing the order.
COURT’S OBSERVATION
The hon’ble court held that the evidence of petitioner-husband started on 05.09.2018 and the same was ordered to be closed on 09.10.2018, it appears that no fair and adequate opportunity was ever granted to petitioner-husband, so as to conclude his evidence. The present is a case, wherein, substantial rights of the parties are involved and that too, pertaining to the custody of their children and the result of passing of the impugned order is going to be that the petitioner-husband would not be able to support his defence taken in the written statement, which may, cause serious prejudice to him this regard. Furthermore, the dispute being related to the custody of children, therefore, rather than, adopting a hyper technical approach, the court below should have considered the matter by taking a pragmatic approach and granted sufficient opportunity to the petitioner, so as to prove his case.
CASE NAME- Sandeep Sharma Vs Neetu @ Kanika
CITATION- CR-9279-2018
CORUM- Justice Harkesh Manuja
DATE- 24.11.22
Read Judgment ;
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