HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 4 Case :- WRIT - C No. - 24778 of 2011 Petitioner :- Smt. Soni Respondent :- Om Narain Tripathi Petitioner Counsel :- Raj Kumar Mishra Hon'ble Rajes Kumar,J.
In the present petition, the petitioner is challenging the order dated 4.5.2010 passed by IVth Additional District Judge, Etawah on an application filed by the father of the child under Section 12 of the Guardians and Wards Act,1890. By the impugned order, the court has allowed the application and given custody of the child to the father.
Learned counsel for the petitioner submitted that the marriage took place on 18.2.1999 and the son was born on 15.2.2001 since then he is living with her mother and sister of the mother and they are properly looking after his welfare. The father-respondent is only serving in a Sarraf shop and has no proper mean to maintain the child. Therefore, the impugned order is illegal.
The matter requires consideration.
Issue notice to the respondent returnable at an early date. The petitioner may take steps to serve the respondent within a week by registered post.
List in the week commencing 4.7.2011.
Till the next date of listing, the operation of the order dated 4.5.2010 in Case No. 20 of 2007, Om Narain Tripathi Vs. Smt. Soni, shall remain stayed.
Order Date :- 28.4.2011 OP