SWATI RAWAT v. PRIN. JUDGE, FAMILY COURT LKO AND ANOTHER
A227/2677/2025 · 2025-05-07
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 138829 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138829 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:26690 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 2677 of 2025 Petitioner :- Swati Rawat Respondent :- Prin. Judge, Family Court Lko And Another Counsel for Petitioner :- Rohit Singh Parmar Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioner and perused the record.
2. The present petition has been filed by the petitioner with the following prayer:
"(i) Issue an order or direction to Principal Judge, Family court, Lucknow to pass suitable order against the opposite party no. 2 and handover the custody of daughter of the petitioner namely Sahaj Rawat to the petitioner."
3. The contention of the counsel for the petitioner is that in view of the matrimonial proceedings in between the petitioner and the respondent no. 2, a decree of divorce was filed, subsequently, on a application filed under the Guardians and Wards Act, a compromise was arrived at, wherein the girl child aged about seven years was given in the custody of respondent no. 2 only with a view to secure the future of the girl child. The counsel for the petitioner states that the signatures on the compromise deed are not of the petitioner.
4. Be that as it may, the ultimate contention of the counsel for the petitioner is that girl child is not being taken care of properly, which is against the welfare of the child.
5. In view of the said contention, it is well settled that the proceedings for appointment of guardians are always interim in nature even if finally
disposed of and the Courts are well and duly empowered to pass fresh orders in view of the changed circumstances, if any, as are brought
before the Court.
6. In view thereof, the present petition is
disposed of permitting the petitioner to file a fresh application seeking the custody of the girl child before the appropriate Court, if so advised, in accordance with law. In case, such an application is filed, the same shall be endeavoured to be decided expeditiously in accordance with law keeping in view the welfare of the child.
Order Date :- 7.5.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench