Kanchana M. Shekhar v. Avinash Shekhar

1. Petitioner is defending a petition filed under Special Marriage Act whereby the respondent herein is seeking divorce on the ground of cruelty.

2. During the pendency of the aforesaid petition seeking divorce, the following order was passed by learned Trial Court on 25.07.2024 which reads as under:- “Present: Sh. Dheeraj Kumar Garg, Ld. Counsel for the petitioner with petitioner in person. Ms. Malvika Choudhary, Ld. Counsel for the respondent through VC Many applications are pending, however, Ld. Counsel for respondent seeks time to file reply to some of the applications filed by CM(M) 3041/2024 2 petitioner. Ld. Counsel for respondent is allowed to file replies to those applications on or before the next date of hearing with advance copies to opposite side. Most of the applications filed by petitioner are with regard to complaint against the respondent for not letting the child meet with him particularly after the return of child from UK. Today, respondent has not appeared. It has been submitted that she is not keeping well and has been advised even admission in the hospital. In these circumstances, till respondent recovers and applications are heard on merits, respondent is hereby directed to handover the child to the petitioner today by evening and petitioner will ensure that schooling of the child is not affected and he will ensure that child goes to the school regularly and keep pace with the studies of the school. Respondent is also directed to provide all school material, uniform, books notebooks etc. to the petitioner at the time of handing over the child today by evening to petitioner. Put up for reply and arguments on pending applications on 23.09.2024. At request, copy of this order be given dasti to both parties.”

3. Learned counsel for the respondent/husband appears on advance notice and at the very outset states that as per instructions which she has received from her client, the respondent is no longer interested in getting the aforesaid order executed and, therefore, he would not seek the custody of the child in terms of the above directions made by the learned Trial Court.

4. I have also heard learned counsel for the petitioner.

5. Keeping in mind the averments made in the petition and also in view of the concession given by learned counsel for the respondent herein, petition is disposed of while setting aside the aforesaid order dated 25.07.2024.

6. During course of the arguments, learned counsel for CM(M) 3041/2024 3 respondent/husband also states that the application moved by the father for the modification of interim custody dated 22.04.2024 order is pending adjudication.

7. Since the matter pertains to interim custody, learned Trial Court is requested to take up said application as expeditiously as possible and after hearing both the parties, dispose of the same in accordance with law.

8. The petition stands disposed of in aforesaid terms.

JUDGE JULY 29, 2024