Extracted from the PDF above. The PDF is authoritative.
2025:UHC:5101-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
AO/397/2022 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. Mr. Devendra Singh Negi, Advocate holding brief of Mr. Siddhartha Singh, Advocate for the appellant. Mr. Shivam Gulati, Advocate holding brief of Mr. Shubhr Rastogi, Advocate for the respondents. 2. This Appeal under Section 47 of the Guardians and Wards Act, 1890, is filed by the husband, challenging judgment and order dated 07.10.2022, passed by learned Judge, Family Court, Haridwar in Original Suit No. 682 of 2018. 3. By the said judgment, petition filed by the wife (respondent No. 1), under Section 25 of the aforesaid Act, seeking custody of the child (respondent No. 2) was allowed. However, appellant was given right to meet the child on every Sunday for initial one month, between 6:00 am to 12:00 pm and thereafter on 2nd and 4th Sunday between 8:00 am to 12:00 pm. 4. Today, matter is listed on Urgency Application (IA/3/2025), filed by the appellant (husband). 5. Learned counsel for the appellant submits that the parties have entered into a settlement, and terms of the settlement have been set out in the petition jointly filed under Section 13-B of Hindu Marriage Act before Family Court, Haridwar which is registered as Case No. 76 of 2025. Copy of the petition filed under Section 13- B is enclosed as Annexure-2 to the Urgency Application. 6. He further submits that learned Principal Judge, Family Court, Haridwar allowed the petition filed under
2025:UHC:5101-DB Section 13-B of the Act, vide order dated 02.04.2025. Thus, he submits that all the issues between the parties, including that of custody, are now settled and therefore, this Appeal has become infructuous. 7. Mr. Shivam Gulati, Advocate holding brief of Mr. Shubhra Rastogi, learned counsel appearing for respondent No. 1, supports the submission made on behalf of the appellant and submits that as the parties have arrived at a settlement and terms and conditions of the settlement were set out in the petition filed under Section 13-B of Hindu Marriage Act, which was allowed, therefore, the reliefs sought in this Appeal do not survive. He also submits that the Appeal deserves to be dismissed as infructuous. 8.
In view of the statement made by learned counsel for the parties and also in view of the averments made in the Urgency Application and the documents enclosed with the affidavit filed in support of Urgency Application, we dismiss the Appeal as infructuous. 9. Pending applications, if any, stand disposed of. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 18.06.2025
Mahinder/
MAHIND ER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8 d6ca168979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84 F5CDD4C2AF35DC4626D305B1BC9EA4BAB A43D2B8F, cn=MAHINDER SINGH Date: 2025.06.19 10:02:19 +05'30'