HARISH TANDON,J. - (1.) This revisional application is directed against order no. 35 dated April 18, 2015 passed by the learned Additional District & Sessions Judge, Fast Track Court, Durgapur in Matrimonial Suit No. 20 of 2013 by which an application for withdrawal of the suit under Order 23, Rule 1 of the Code of Civil Procedure is allowed. The husband is challenging the said order, as withdrawal of the suit shall defeat his right to visit the child. The wife was granted custody by way of an interim order on an application under Section 24 of the Hindu Marriage Act (hereinafter referred to as the said Act).
(2.) According to the petitioner, the order recognizing his visitation right was challenged before this Court by the wife but could not emerge successful therefrom. The Special Leave Petition filed before the Supreme Court was subsequently withdrawn. The only point urged before this Court is that the Court should not permit the withdrawal as it would frustrate the order passed on an application under Section 26 of the Hindu Marriage Act. Before proceeding to deal with the aforesaid point, it would be relevant to quote the provision contained under Section 26 of the Hindu Marriage Act which runs thus: - "26. Custody of children. - In any proceeding under this Act, the court may, from time to time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible, and may, after the decree, upon application by petition for the purpose, make from time to time, all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceeding for obtaining such decree were still pending, and the court may also from time to time revoke, suspend or vary any such orders and provisions previously made."
(3.) The bare reading of the aforesaid provision manifests that in any proceeding under the said Act, the Court may from time to time pass such interim orders or make such provision in the decree as it deem just and proper with respect to the custody, maintenance and education of the children consistently with their wishes and may, after the decree, upon an application by petition for the purpose, make from time to time such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim order.;