Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 3000 of 2018 Petitioner :- Shweta Mishra Respondent :- Additional Principal Judge , Family Court And Another Counsel for Petitioner :- Vanashri Dubey
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and perused the record. Present petition has been filed with the following prayers:-
"I. Issue a writ of mandamus directing the Additional Principal Judge, Family Court, Allahabad (respondent no. 1) to pass order granting custody to the petitioner of her minor daughter or the Hon'ble Court itself may pass order granting custody to the petitioner of her minor daughter and/or;
II. Issue a writ of mandamus directing the Additional Principal Judge, Family Court, Allahabad (respondent no. 1) to pass order fixing specific dates/place whereupon the petitioner can regularly meet her minor daughter, till the disposal of Suit No. 988/2014, Shweta Mishra versus Chunni Lal Tripathi, and/or;
III. Issue a writ of mandamus directing the Additional Principal Judge, Family Court, Allahabad (respondent no. 1) to expeditiously dispose of Suit No. 988/2014 Shweta Mishra versus Chunni Lal Tripathi and/or:
IV "
By the order dated 3.3.2017, visitation right on birthday and on other auspicious occasions was permitted by the Family Court. It is not in dispute that in matrimonial case, the custody of the child was given to the husband and therefore, prayer no. 1 is totally misconceived.
Insofar as the second prayer is concerned, perusal of the order sheet dated 6.2.2018 clearly indicates that Km. Titiksha aged about 10 years has clearly refused to meet her mother and refused to accept the chocolate offered by the petitioner herein Smt. Shweta Mishra. Under such circumstances, I do not find any good ground to entertain in the second prayer.
Insofar as the third prayer is concerned, the suit under the Hindu Minority and Guardianship Act, 1956 is pending since 2014.
Considering the nature of the suit, it is provided that the suit itself may be decided by the Family Court on its own merit without being influenced by any of the observations, as expeditiously as possible.
Present petition is accordingly disposed of with the aforesaid observations/directions. No order as to costs.
Order Date :- 30.4.2018 Abhishek