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Dimple Suhanda vs Avani @ Sunita Nachwani Suhanda on 2 April, 2018

CR-2124-2018 (OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

120 CR-2124-2018 (OM)
Date of Decision:02.04.2018

Dimple Suhanda …..Petitioner

Versus

Avani @ Sunita Nachwani Suhanda …..Respondent

CORAM: HON’BLE MR.JUSTICE HARI PAL VERMA.

Present: Mr. Ashwani Bhardwaj, Advocate,
for the petitioner.

****

HARI PAL VERMA, J.(Oral)

Petitioner has filed the present revision petition under Article

227 of the Constitution of India, impugning the order dated 15.12.2017

(Annexure P-1) passed by learned Family Court, Gurgaon, whereby the

application filed by the petitioner under Order 7 Rule 11 read with Section

151 CPC for rejection of the plaint on the ground of jurisdiction, was

dismissed.

Admittedly, other litigation between the parties, which includes

the proceedings under Section 125 Cr.P.C. and a criminal case under

Sections 323, 380, 498-A, 506 IPC are pending at Gurgaon.

The present revision petition has emerged from the petition

filed under Section 25 of the Guardian and Wards Act, so as to seek the

custody of minor child, namely, Master Agastya, now aged about five years.

Since the other proceedings are pending between the parties at Gurgaon,

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15-04-2018 10:07:58 :::
CR-2124-2018 (OM) 2

this Court does not find any reason to interfere in the impugned order dated

15.12.2017 (Annexure P-1), which is based primarily on the issue of

jurisdiction. When the parties are agitating their respective disputes at

Gurugram only, no illegality is noticed in the order dated 15.12.2017.

Dismissed.

April 02, 2018 (HARI PAL VERMA)
seema JUDGE
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No

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15-04-2018 10:07:59 :::

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