Finally,feuding Canadian couple settle differences
Punjab and Haryana High Court mediates amicable settlement.
Punjab and Haryana High Court mediates amicable settlement
Finally,an Indian origin couple,residents of Canada,feuding over the custody of their two children has resolved their differences. The Punjab and Haryana High Court had mediated the settlement. Acting as a mediator,a High Court Judge had spent few hours inside his chamber advising the couple and their family members to settle their dispute.
Out on a vacation for 40 days in India,the wife’s father had taken away the two children (six-year-old boy and 11-year-old girl) to Patiala. The High Court on the last date of hearing had asked the couple to spend some time together,first in Chandigarh (at husband’s residence) and then in Patiala. As directed,the husband spent three days in Patiala at his father in law’s residence.
The couple today appeared before the Judge and apprised that they have “amicably” settled the dispute and are willing to return to Canada with their two children. To confirm that the couple has not been forced to take this decision,the Judge also had an interaction with the couple inside the chamber today.
As a matter of agreement reached between the two,the husband has been given 48 hours time to withdraw the case filed by him before a Court in Canada against his wife. The husband has been asked to inform his lawyer,in Canada,to withdraw the case from Supreme Court of British Columbia,Canada so that when the couple lands in Canada,the wife is not apprehended by the Canadian Police. The husband has been asked to appear before the High Court on Friday. The said direction was passed after the wife raised an apprehension that owing to a case filed by the husband,the Canadian Police will arrest her.
After his father-in-law had taken away the children to his Patiala residence,the husband,who owns a house in Sector 38,Chandigarh,flew back to Canada on July 17 and moved the Canadian Court. Taking immediate cognisance of the matter and terming it prima facie a case of abduction,the Columbian Court had restrained the wife and her father from keeping the custody of the children.
Armed with a Court order,the husband returned to Chandigarh . As per rules,the husband filed a habeas corpus in the Punjab and Haryana High Court. Advocate Anil Malhotra,appearing on behalf of the husband,had contended that the couple should enter into a compromise and mutually solve their differences so that the family can return to Canada .
After a habeas corpus was filed,the High Court had appointed a warrant officer to get the custody of the two children from the mother in Patiala . The warrant officer,in August first week,produced the children in the Court. The High Court Judge had passed the order “I have heard the parties again in chamber and find that there is possibility of an amicable settlement. Therefore,the parties will reside,without interference of the family,either of the husband or the wife,together at an independent place. However,they are liberty to check in at any hotel available in the city”. The Court had also issued notices to the Consulate General of Canada for assistance.
On the last date of hearing,the High Court had afforded one more opportunity to the couple to spend time together,this time at the Chandigarh residence of the husband and then at his father in law’s residence in Patiala. “Now the parties appear to have settled their dispute amicably,” held Justice Paramjeet Singh today.
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