Guardian and Wards Act, 1890, S. 7, 8, 10, 11 – Custody of child – Failure of the parties to arrive at a settlement – Consent order.

Guardian and Wards Act, 1890, S. 7, 8, 10, 11 – Custody of child – Failure of the parties to arrive at a settlement – Consent order passed in year 2013 contemplated visitation rights of husband – However, same was refused by wife – Efforts of mediation failed – children directed to be placed in boarding school – With every passing day , the child pays heavy price of being deprived of the love and affection of their parents for which they were never at fault but are always the loser which at no stage could be compensated monetarily or otherwise – Further endeavor must be made by the Court through its judicial process to resolve such personal disputes as expeditiously as possible  – liberty to the parties to file independent proceedings for the custody or guardianship of the minor children – Permission to withdraw from the consent refused as it was a trilateral consent which was recorded by the High Court and one party cannot be permitted unilaterally to seek withdrawal of his/her consent and the consented order will remain operative until the parties to the consent order jointly move an application for withdrawal of their consent or until the Court of competent jurisdiction is pleased to set it aside on permissible grounds and/or absolves the respondent-­wife therefrom.

2020 PLRonline 5014