[Cites 1, Cited by 0]
Punjab-Haryana High Court
Xxxxxxxxxxxx vs Xxxxxxxxxxxx on 23 April, 2026
Author: Vikas Bahl
Bench: Vikas Bahl
CR No.3621 of 2022 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
288
Civil Revision No.3621 of 2022 (O&M)
Date of decision: April 23rd, 2026
Jaspreet Singh Vij
.....Petitioner
Versus
Priyanka Vij
.....Respondent
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
Present: Mr. Rajinder Goyal and Mr. Gurpreet Singh, Advocates
for the petitioner.
Mr. Animesh Sharma, Mr. Akshdeep Singh Sidhu
and Mr. Arush Koul, Advocates
for the respondent.
VIKAS BAHL, J. (ORAL)
1. This is a civil revision petition under Article 227 of the
Constitution of India for modification of the order dated 28.07.2022 passed
by Additional Principal Judge Family Court, Jalandhar, whereby the
petitioner being father of the minor child namely Ersheen Kaur has been
given visitation right to meet the child only on 3 rd Saturday of every month
at ADR Centre, Jalandhar, from 3:00 PM to 4: PM.
2. The application filed by the petitioner-father for interim custody
was disposed of by the Family Court in the following terms:
"However, being natural father of minor,
applicant/petitioner cannot be denied the meeting rights
to meet his own child. Inorder to make child comfortable
and acquaintance with the applicant/petitioner as well as
child to make aware of the relationship between them,
applicant/petitioner is given a right to meet the minor
child on 3rd Saturday of every month at ADR Centre,
Jalandhar from 3.00 P.M. to 4.00 PM. Application stands
partly allowed as aforesaid. Nothing stated aforesaid
shall be construed as expression of the opinion on the
merits of the case.
Pronounced in the open Court (Rashmi Sharma)
Dated: 28.07.2022 Addl. Principal Judge, Family Court,
Jalandhar. (UID No. PB00201)"
3. On 06.11.2025, this Court was pleased to pass the following
order:
"Present:- Mr. Rajinder Goel, Advocate for the
petitioner.
Mr. Animesh Sharma, Advocate for the
respondent.
***
On 12.09.2022, the Co-ordinate Bench of this
Court while issuing notice of motion was pleased to pass
the following order: -
"Present: Mr. Rajinder Goyal, Advocate
for the applicant-petitioner.
*****
CM-11523-CII-2022
Allowed as prayed for.
Affidavit of the applicant-petitioner is taken on
record.
Main case
Learned counsel for the petitioner submits that in
order to show his bona fide, the petitioner will transfer an
amount of Rs. 4 Lakh in the name of the daughter and
will also transfer 50% share of the flat in the name of the
daughter.
Notice of motion for 18.10.2022.
Process dasti as well.
12.09.2022 (ARVIND SINGH SANGWAN)
JUDGE"
Learned counsel for the respondent has raised the
objection that the transfer of 50% share of the flat has not
been done in the name of the daughter and thus, the
present revision petition deserves to be dismissed on the
said ground alone.
Learned counsel for the petitioner, on the other
hand, has submitted that the transfer of 50% share of the
flat in the name of the daughter could not be done in
view of the fact that the said flat is mortgaged with the
State Bank of India and the State Bank of India has
refused to give NOC with respect to the said transfer. It is
further submitted that the parents of the petitioner are
having a house at Jalandhar i.e. House No.997-B, Rajput
Nagar, Model House, Jalandhar and that the petitioner
would transfer 50% share of the said house in the name
of the daughter.
Learned counsel for the respondent has submitted
that the petitioner should be heard only after the said
transfer is made.
Adjourned to 09.12.2025.
November 06, 2025"
4. Learned counsel for the petitioner has submitted that in
pursuance of the said order, the petitioner has transferred 50% share of
House No.997-B, Rajput Nagar, Model Town, Jalandhar, in the name of his
daughter vide transfer deed dated 21.11.2025.
5. During the course of arguments, a very fair stand has been taken
by the counsel for the petitioner as well as the counsel for the respondent
after getting specific instructions from their respective clients and keeping in
view the fair stand taken and on the basis of consensus, the present revision
petition is disposed of with the following observations/directions:
(i) The petitioner for the purpose of having the interim custody of
the child for one day every week would have to be present in
Jalandhar for the said day.
(ii) The petitioner would be entitled to interim custody of the minor
girl child on every Saturday from 4:00 PM till Sunday 4:00 PM.
(iii) The respondent or any person authorized by the respondent
would bring the child to Central Town Gurdwara, Jalandhar on
every Saturday at 3:45 PM. The petitioner would personally go
to the said Gurdwara at 3:45 PM and would take the child along
with him to House No.122-B, Guru Gobind Singh Nagar,
Jalandhar, where the parents of the petitioner are also residing.
(iv) The petitioner would get the minor child to Central Town
Gurdwara, Jalandhar on Sunday, the day following the day
when the interim custody is given to the petitioner, at 4:00 PM
and the respondent or her parents or the brother of the
respondent would come to the said Gurdwara on Sunday at 4:00
PM to take back the custody of the minor child.
(v) The handing over of the custody and taking back of the custody
would be done peacefully without there being any breach of
peace or dispute between the parties.
(vi) The petitioner would not take out the child out of the
jurisdiction of Jalandhar.
(vii) In case the petitioner in any week is not able to take interim
custody of the child, then due information regarding the same
would be given by the petitioner to the respondent.
(viii) The passing of the present order would not be construed as an
expression on the merits of the case and it would be open to the
parties to raise all pleas before the trial Court, which would
decide the case with respect to permanent custody independent
of the present order, after hearing the parties concerned.
(ix) Since the case for custody is pending since 2021, the trial Court
is requested to decide the same as expeditiously as possible.
April 23rd, 2026 (VIKAS BAHL)
Puneet JUDGE
Whether speaking/reasoned : Yes
Whether reportable : No
