Rajesh Kumar @ Rajesh Karn vs Smt. Kiran Karn
2022 Latest Caselaw 443 Jhar

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                    First Appeal No. 327 of 2019

             Rajesh Kumar @ Rajesh Karn           ---         --- Appellant
                                            Versus
             Smt. Kiran Karn                      ---         --- Respondent
                                              ---

CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Hon'ble Mr. Justice Deepak Roshan Through: Video Conferencing

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For the Appellant: Mr. Tejo Mistry, Advocate For the Respondent: Mr. Shravan Kumar, Advocate

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10 / 14.02.2022 Heard learned counsel for the appellant Mr. Tejo Mistry and Mr. Shravan Kumar, learned counsel for the Respondent on the prayer for condonation of delay of 114 days in preferring the instant Memo of Appeal made through I.A. 1552/2021.

2. This appeal arises out of the judgment dated 26.07.2019 passed in Original Guardianship Suit No. 149/2016, whereby learned Additional Principal Judge, Family Court, Jamshedpur, East Singhbhum has dismissed the suit relating to the custody of the minor child. It is submitted by the learned counsel for the appellant that delay is not intentional. Since it is a dispute relating to the custody of the minor child born out of the wedlock between the parties, delay may be condoned in the interest of justice.

3. Learned counsel for the Respondent does not have any serious objection to the prayer.

4. On consideration of the explanation urged and submission of the parties, delay is condoned. I.A. stands disposed of.

5. Admit.

6. Call for the lower court records in connection with Original Guardianship Suit No. 149/2016 from the Court of learned Additional Principal Judge, Family Court, Jamshedpur, East Singhbhum.

7. Let the case be listed under the heading 'for hearing' on receipt of the lower court records, as per its age.

(Aparesh Kumar Singh, J)

(Deepak Roshan, J) Ranjeet/