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HIGH COURT OF DELHI
MAT.APP.(F.C.) 158/2014 & C.M. Appl. No.21155/2014
NIDHI GUPTA
Appellant
Through: Mr. Vikas Deep, Advocate
MAT.APP.(F.C.) 158/2014 & C.M. Appl. No.21155/2014
NIDHI GUPTA
Appellant
Through: Mr. Vikas Deep, Advocate
VERSUS
VISHAL GUPTA
Respondent
Through: Ms. Karuna Chhatwal, Ms. Saahila Lamba, Advocates
Respondent
Through: Ms. Karuna Chhatwal, Ms. Saahila Lamba, Advocates
CORAM:
HON'BLE MR. JUSTICE KAILASH GAMBHIR
HON'BLE MR. JUSTICE I.S.MEHTA
06.01.2015 Ms. Karuna Chhatwal, Advocate enters appearance on behalf of the respondent. Counsel for the respondent submits that the matter seeking custody for the minor child is already pending consideration before the
Family Court, Rohini Courts, Delhi in a Guardianship Petition and is now fixed for hearing on 24^ January 2015.
Counsel for the appellanton the other hand submits that the petitioner has been deprived ofthe custody ofminordaughter, who isjust fouryears of age and the application moved by the petitioner under Section 12 of the
Guardians and Wards Act, 1890 claiming interim custody and visitation rights has not been so far considered by the Family Court, although the learned Family Court has heard the arguments on the application on
2015:DHC:11649-DB r 10.11.2014. Counsel for the appellant further submits thatthe matter is now coming up before the learned Family Court on 24^^ January 2015 for filing of written statement/reply by the respondent but the court has not fixed the matter for consideration ofthe interimapplication, filedby the petitioner.
We have heard the submissions made by learned counsel appearing on behalf ofthe parties.
Considering the fact that the petitioner is a mother of the minor daughter, who is stated to be of just four years of age, we deem it appropriate to direct the learned Family Court to give the priority to the interim application filed by the petitioner claiming the custody ofthe minor child. It is expected that the learned Family Court shall make every endeavour to decide the interim application within a period of one month from the date of this order.
With the aforesaid direction, the present appeal and application stand disposed of.
KAILASH GAMBHIR, J 5.MEHTA,J JANUARY 06, 2015 pkb
2015:DHC:11649-DB
HON'BLE MR. JUSTICE I.S.MEHTA
06.01.2015 Ms. Karuna Chhatwal, Advocate enters appearance on behalf of the respondent. Counsel for the respondent submits that the matter seeking custody for the minor child is already pending consideration before the
Family Court, Rohini Courts, Delhi in a Guardianship Petition and is now fixed for hearing on 24^ January 2015.
Counsel for the appellanton the other hand submits that the petitioner has been deprived ofthe custody ofminordaughter, who isjust fouryears of age and the application moved by the petitioner under Section 12 of the
Guardians and Wards Act, 1890 claiming interim custody and visitation rights has not been so far considered by the Family Court, although the learned Family Court has heard the arguments on the application on
2015:DHC:11649-DB r 10.11.2014. Counsel for the appellant further submits thatthe matter is now coming up before the learned Family Court on 24^^ January 2015 for filing of written statement/reply by the respondent but the court has not fixed the matter for consideration ofthe interimapplication, filedby the petitioner.
We have heard the submissions made by learned counsel appearing on behalf ofthe parties.
Considering the fact that the petitioner is a mother of the minor daughter, who is stated to be of just four years of age, we deem it appropriate to direct the learned Family Court to give the priority to the interim application filed by the petitioner claiming the custody ofthe minor child. It is expected that the learned Family Court shall make every endeavour to decide the interim application within a period of one month from the date of this order.
With the aforesaid direction, the present appeal and application stand disposed of.
KAILASH GAMBHIR, J 5.MEHTA,J JANUARY 06, 2015 pkb
2015:DHC:11649-DB
JUDGMENT