AO/111/2023
2023 Latest Caselaw 734 UK

                    Office Notes,
                   reports, orders
                   or proceedings
SL.
         Date       or directions                         COURT'S OR JUDGES'S ORDERS
No
                   and Registrar's
                      order with
                     Signatures
      21.03.2023                     AO No. 111 of 2023
                                     Sri Vipin Sanghi, C.J.
                                     Sri Alok Kumar Verma, J.

Mr. Dharmendra Barthwal, learned counsel for the appellant.

The present Appeal is directed against the order

dated 28.02.2023 passed by the learned Judge, Family

Court, Vikasnagar, District Dehradun. The impugned order

reads as follows :-

The appellant-father has preferred the custody

petition in respect of the two minor children, and has also

sought visitation rights. It appears that the respondent

was ex parte, and did not participate in the proceedings,

despite service through publication. Consequently, the

Judge, Family Court proceeded to hear the Custody

Petition finally, and reserved judgment.

From the impugned order, it transpires that the

learned Judge felt it necessary to first interact with the two minor children aged 14 years and 8 years, and,

consequently, fixed the proceedings on 22.03.2023 for

production of the two children before the Court.

The grievance of the appellant is that he has not met

his two children for the last ten months, and the learned

Judge, Family Court should have at least decided his

visitation rights application urgently.

We dispose of this Appeal, leaving it open to the

appellant to press his application for visitation rights in

respect of the two minor children on the date fixed by the

Judge, Family Court, i.e. 22.03.2023.

The Appeal is disposed of in the aforesaid terms.

Consequently, pending applications, if any, stand

disposed of.

    (Alok Kumar Verma, J.)           (Vipin Sanghi, C.J.)
         21.03.2023                      21.03.2023
Rahul