Decided on May 17,2012

Pradeep Kumar Nautiyal Appellant
Deepa Nautiyal Respondents


- (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 December, 2011, but he kept that application pending and on 29.12.2011, the application rendered infructuous.;

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