Rohit Kalia vs Smt. Sangeeta Kalia
2022 Latest Caselaw 9550 HP

         IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
                                          CMPMO No. 573 of 2022
                                  Decided on: November 18, 2022




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    _______________________________________________________________





    Rohit Kalia                                   ...........Petitioner
                                   Versus
    Smt. Sangeeta Kalia                              ....Respondent
    _______________________________________________________________





    Coram:
    Hon'ble Mr. Justice Sandeep Sharma, Judge.
    Whether approved for reporting? 1No.

    For the Petitioner                     :      Mr. J.L. Bhardwaj, Advocate.





    For the Respondent                     :      Nemo.

    _______________________________________________________________
    Sandeep Sharma, Judge (oral):

By way of instant petition filed under Art. 227 of the

Constitution of India, a very innocuous prayer has been made on

behalf of the petitioner to issue a direction to the learned Court below

to decide application for interim direction filed in Guardian and Wards

Act Petition No. 11/2021 titled Rohit Kalia v. Sangeeta Kalia and to

complete the cross-examination of the petitioner, which has been fixed

for 28.11.2022.

2. Having regard to the nature of order proposed to be posed in the

instant proceedings, this court sees no necessity to issue notice to the

respondent, as in that eventuality, she shall be unnecessarily burdened

to engage a lawyer to defend herself in the instant proceedings, which

can be disposed of today itself, on the basis of material available on

record.

Whether the reporters of the local papers may be allowed to see the judgment?

3. Having heard learned counsel for the petitioner and perused

material available on record, this court finds that the petition under

.

Guardian and Wards Act was filed by the petitioner for the custody of

child Yuvan Kalia in June 2021 but till date same is pending

adjudication. Besides above, an application for interim relief was also

filed by the petitioner, praying for custody of the child for few days, but

even that application is not being decided. It transpires from the record

that the petitioner had tendered evidence by way of affidavit on

16.8.2022, but he has not been cross examined, whereas, he ought to

have been cross-examination on same day or at best on the next day.

Since petition for custody of child is pending adjudication for more than

one year, this court, without commenting upon merits of case, deems it

fit to dispose of the petition at hand, with a direction to the learned

court below to decide the main petition under Guardian and Wards Act

expeditiously, preferably within a period of six months from today,

however, application for interim relief pending adjudication before it

shall be deiced by learned court below on the next date of hearing i.e.

28.11.2022, on which date, it may also complete the cross-examination

of the petitioner.

Petition stands disposed of in the aforesaid directions

alongwith all pending applications.

(Sandeep Sharma) Judge November 18, 2022 (vikrant)