Nagma Parveen v. Babu Malik

Delhi High Court · 14 Aug 2024 · 2024:DHC:6166
Manoj Jain
CM(M) 2511/2024
2024:DHC:6166
family other

AI Summary

The Delhi High Court directed the trial court to expeditiously decide the petitioner's interim custody application under the Guardians and Wards Act, 1890, without granting interim custody itself.

Full Text
Translation output
CM(M) 2511/2024 1
HIGH COURT OF DELHI
Date of Decision: 14th August, 2024
CM(M) 2511/2024 & CM APPL. 46603/2024
NAGMA PARVEEN .....Petitioner
Through: Mr. M.K. Thakur, Advocate.
VERSUS
BABU MALIK .....Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. Petitioner has filed a petition under Section 25 of the Guardians and Wards Act, 1890 seeking custody of her two minor daughters and one minor son. She has also moved an application under Section 12 of the Guardians & Wards Act, 1890 seeking interim custody of her said children.

2. The grievance in the main petition is that the petition had been filed on 18.04.2023 but the aspect of interim custody has not yet been decided and no order has been passed in her such application.

3. It is in the above backdrop that CM APPL.46603/2024 has been moved requesting this Court to give her interim custody of all her such children.

4. The next date of hearing before the learned Trial Court is stated to be 17.09.2024.

5. After hearing arguments for some time, the main petition is CM(M) 2511/2024 2 disposed of with direction that the learned Trial Court shall consider said application moved under Section 12 of Guardians & Wards Act, 1890 and, after hearing both the sides, shall dispose of the same, as expeditiously as possible, in accordance with law.

6. The next date of hearing before this Court i.e. 22.08.2024 stands cancelled.

JUDGE AUGUST 14, 2024