Anil v. Rekha

2024:PHHC:053867-DB FAO-1855-2024 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH FAO-1855-2024 (O&M) Date of decision: April 22, 2024 Anil ....Appellant versus Rekha ....Respondent CORAM: HON'BLE MR. JUSTICE SUDHIR SINGH HON'BLE MR. JUSTICE HARSH BUNGER Present:- Mr. Deepak Girotra, Advocate for appellant.

***** SUDHIR SINGH, J. (ORAL) CM-7126-CII-2024 For the reasons stated in application, same is allowed. Delay of 16 days in filing appeal is condoned.

Main case (O&M) Appeal herein is against the impugned order dated 23.02.2024 passed by learned Principal Judge, Family Court, Meham, whereby, application under Section 6 of the Hindu Minority and Guardianship Act, 1890 (for short 'Act of 1890') filed by appellant, seeking interim custody of minor child, has been dismissed.

2.

Vide order dated 23.02.2024, application filed by appellant seeking interim custody of minor child has been dismissed by learned trial Court. Relevant in para-14 thereof reads thus:- "14.

At this juncture, it may also be observed that from information furnished to respondent under RTI Act by the police as well as copies of statements of present petition and his father in petition under Section 13 of HMA read with copy of birth certificate of minor Chetna, it is prima-facie clear that petitioner is living in MAHAVIR SINGH 2024.05.01 09:15 I attest to the accuracy and authenticity of this order/ judgment

2024:PHHC:053867-DB FAO-1855-2024 (O&M) live-in-relationship with one Ms. Nidhi since one and half years prior to 10.02.2023 and a daughter namely Chetna has born from their loins."

3.

After arguing for sometime, learned counsel for appellant seeks to withdraw the instant appeal with liberty to make an appropriate application, seeking visitation rights, before the trial Court with appropriate jurisdiction. 4.

Dismissed as withdrawn with liberty aforesaid. 5.

Pending application(s), if any, shall also stand disposed of. (SUDHIR SINGH) JUDGE (HARSH BUNGER) JUDGE April 22, 2024 mahavir Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MAHAVIR SINGH 2024.05.01 09:15 I attest to the accuracy and authenticity of this order/ judgment