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Sunday, March 7, 2010

Custody of minor children--Parties allegedly entered into an arbitration agreement--Award passed

2010(1) LAW HERALD (P&H) 38
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Sham Sunder
C.R. No. 997 of 2009
Meena Dawar
v.
Rajeev Arora
{Decided on 26/08/2009}
For the Revision-petitioners: Mr. Puneet Jindal, Advocate.
For the Respondent: Mr. G.S. Sandhawalia, Advocate.
Guardian and Wards Act, S.25--Civil Procedure Code, 1908, S.151 & 10--Arbitration and Conciliation Act, 1996, S.5, 8 & 35--Parallel civil proceedings--Stay of suit--The two parallel civil proceedings relating to the same subject matter could not be allowed to continue at the same time, in two different Courts, with a view to avoid conflicting decisions.
ON FACTS
Custody of minor children--Parties allegedly entered into an arbitration agreement--Award passed--Execution proceedings with regard to that award pending before Addl. District Judge--Objections filed--Matter involved the same subject matter as is involved in the petition under Section 25 of the Guardian and Wards Act--Proceeding in the petition u/s 25 of the Guardian and Wards Act stayed till the decision of objection petition against the award with a view to avoid conflicting decisions.

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