Vikram Singh vs Divyani Solanki ...
2023 Latest Caselaw 3835 Raj

[2023/RJJD/012638]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 2822/2023

Vikram Singh S/o Shri Lax Man Singh Parihar, Aged About 40
Years, By Caste Mali, R/o A-183, Baldev Nagar, Jodhpur.
                                                                        ----Petitioner
                                         Versus
Divyani Solanki D/o Shri Khuman Singh Solanki, By Caste Rawna
Rajput, R/o 19-A, Ward No. 7, Ration Shop, Pansal Chauraha,
Jawahar Nagar, District Bhilwara.
                                                                      ----Respondent


For Petitioner(s)              :    Mr. Naresh Singh



      HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                         Order

01/05/2023

1.    This writ petition under Article 226 & 227 of the Constitution

of India has been preferred claiming the following reliefs:

      "It is, therefore, most respectfully prayed that this writ
      petition may kindly be allowed with costs and by issuing an
      appropriate writ, order or direction, the learned Family
      Court, Bhilwara may be directed to decide the Civil Original
      Suit No.255/2020 (Divyani Solanki Vs. Vikram Singh
      Parihar) within a period of three months.

      Any other order favourable to the petitioner may also be
      passed."


2.    Learned        counsel       for   the    petitioner          makes   a   limited

submission that as per the judgment dated 08.06.2017 passed by

the learned Family Court No.1, Jodhpur, the petitioner was entitled

for the custody of his son, who was born on 27.12.2013.




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                                    [2023/RJJD/012638]                      (2 of 2)                          [CW-2822/2023]



                                   3.    Learned        counsel    for     the     petitioner          submits   that   the

                                   application of the petitioner for custody of the child under Section

                                   10 of the Guardians and Wards Act is pending since 24.08.2020

                                   before the learned trial court and the petitioner, being a father, is

                                   entitled for an expeditious disposal of the application under

                                   Section 10 of the Guardians and Wards Act.


                                   4.    On such limited submission made on behalf of the petitioner,

                                   the present petition is disposed of with a direction to the learned

                                   trial court to decide the application of the petitioner under Section

                                   10   of   the   Guardians         and      Wards       Act,     Civil    Original    Suit

                                   No.255/2020 (Divyani Solanki Vs. Vikram Singh Parihar), pending

                                   before it expeditiously preferably within a period of one year from

                                   the date of receipt of certified copy of this order, strictly in

                                   accordance with law. All pending applications stand disposed of.




                                                                   (DR. PUSHPENDRA SINGH BHATI), J.

70-Zeeshan

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