SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Mohan Lal vs Smt,Santosh Devi on 5 July, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 2042/2012

Mohan Lal s/o Bansi Lal Ji Khatik, Age 26 years, r/o Antali, Tehsil
Asind, District Bhilwara (Raj.)

—-Appellant
Versus
Smt Santosh Devi w/o Mohan Lal, d/o Nanu Khatik, r/o
Govindpura (Asind) Tehsil Asind, Bhilwara (Raj.)

—-Respondent

For Appellant(s) : Mr. Ankit Prakash Singh for
Mr. S.S. Sisodia

HON’BLE MR. JUSTICE P.K. LOHRA

Order

05/07/2019

Appellant has preferred this appeal under Section 47 of the

Guardians and SectionWards Act, 1890 (for short, ‘Act’) to challenge

judgment dated 25.04.2012 passed by District Judge, Bhilwara

(for short, ‘learned trial Court’). Learned trial Court, by the order

impugned, rejected petition of the appellant under Section 25 of

the Act for custody of his minor son.

The instant appeal was laid before this Court in the year

2012, i.e., after expiry of limitation.

At the threshold, Court after service of notice to respondent

condoned the delay. Later on, notices were issued to respondent

of the appeal as well as of stay petition on 25.03.2014 and same

were ordered to be given ‘dasti’. However, no endeavour was

made by the appellant to file PF and notices.

It is really quite perplexing that being father of a minor child,

appellant has craved for his custody but has shown total indolence

(Downloaded on 05/07/2019 at 10:24:07 PM)
(2 of 2) [CMA-2042/2012]

in pursuing this appeal. For last more than five years, he has not

even filed required notices despite direction of the Court.

In this view of the matter, the instant appeal is dismissed for

non-compliance of order dated 25.03.2014 and non-prosecution.

The stay petition is also rejected.

(P.K. LOHRA),J
22-Bharti/-

(Downloaded on 05/07/2019 at 10:24:07 PM)

Powered by TCPDF (www.tcpdf.org)

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation