PRADEEP KUMAR NAUTIYAL Vs. DEEPA NAUTIYAL
HIGH COURT OF UTTARAKHAND
Pradeep Kumar Nautiyal
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(1.) Supplementary affidavit filed in the Court today.
Same is taken on record.
(2.) Heard Mrs. Monika Pant, Advocate for the
petitioner and perused the record.
(3.) In the petition, the petitioner has asserted that
marriage of petitioner was solemnized with the
respondent on 24.04.2008 in Dehradun and out of the
wedlock a son, namely, Master Shlok kumar was born on
05.07.2009. Thereafter, due to some differences in
between the couple, the respondent started living with her
parental house. The petitioner, for the custody of his child
filed Original Suit No. 9 of 2011 Pradeep Kumar Nautiyal
vs. Smt. Deepa under Hindu Minority and Guardianship
Act, 1956 before the Court of Principal Judge, Family
Court, Dehradun. Thereafter, the petitioner filed a suit
under Section 13 of Hindu Marriage Act before the Court
of Principal Judge, Family Court, Dehradun. On
05.12.2011, the petitioner moved an application in O.S.
No. 9 of 2011 before the Principal Judge, Family Court,
Dehradun praying for the temporary custody of the child 2
for his participation in a ceremony w.e.f. 22.12.2011 to
28.12.2011. On the said application, the respondent
sought adjournment and the Court below fixed
20.12.2011. On 20.12.2011, the opposite party objected the
application and the Principal Judge, Family Court though,
did not decide the application but fixed the matter for
23.02.2012 with the direction to respondent to bring the
child on the next date fixed i.e. on 23.02.2012 so that the
petitioner may meet to his son in the Court. It has been
averred in the petition that the petitioner vide his
application dated 05.12.2011 sought custody of his child
for a period from 22.12.2011 to 28.12.2011, but, though,
the Principal Judge, Family Court should have decided
the application of the petitioner prior to 22nd
2011, but he kept that application pending and on
29.12.2011, the application rendered infructuous.;
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