USHA KUMARI Vs. PRINCIPAL JUDGE FAMILY COURT

JUDGEMENT

(1.) The subject-matter of challenge in this writ petition is an order dated 3rd January, 1995 passed by the Principal Judge, Family Court, Patna. By the said order the Principal Judge, Family Court, Patna passed an order on the petition of the husband under Section 26 of the Hindu Marriage Act for the custody of the child. The concluding portions of the said order about the custody of the child are set out :

(2.) Initially against the said order one Misc. Appeal being Misc. Appeal No. 32 of 1996 was filed by the wife. Along with the said Misc. Appeal, she also filed another writ petition being CWJC No. 1174 of 1996 (Smt. Usha Kumari v. The Principal Judge, Family Court, Patna) challenging the said order and with a prayer of analogous hearing.

(3.) Mrs. Sheema Ali Khan, learned counsel appearing fo the wife who is the petitioner in this writ petition submits, on instructions, that the other writ pettion being CWJC No. 1174 of 1996 has been withdrawn.