Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 791 of 2019 Petitioner :- Praveen Kumar @ Chinku Respondent :- Principal Judge Family Court Saharanpur And 2 Others Counsel for Petitioner :- Anay Kumar Srivastava,Zaid Arshad
Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioner.
By means of this petition under Article 227 of the Constitution of India, the petitioner has challenged the order dated 16.10.2018 passed by the Principal Judge, Family Court, Saharanpur dismissing the application of the petitioner filed to meet the minor son.
Learned counsel for the petitioner has argued that the father has every right to meet the minor son and the court below was not justified in dismissing the said application on merits returning finding that no justified reason has been assigned to meet the minor son.
In the considered opinion of the Court, in the proceedings under Section 125 of the Code of Criminal Procedure, the only right claimed is of maintenance and is a summary proceedings. It is not determinative of any rights between the father and his ward to claim custody as every party has a right to litigate such matter further in appropriate proceedings. The petitioner, if he wants the custody of the minor son, can always move an application under the Guardians and Wards Act and that case would be decided on its own merits. There is no apparent error in the order impugned so as to call for any interference in exercising the supsupervisory jurisdiction by this Court under Article 227 of the Constitution of India.
The petition is summarily dismissed.
Order Date :- 25.10.2021 SP