HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
D.B. Civil Miscellaneous Appeal No. 2547/2014
1. Smt. Poornima w/o Sh. Rajesh Mahala D/o Sh. H.H. Ghosla.
2. Kashika D/o Shri Rajesh Mahala age about 12 years,
3. Arave S/o Shree Rajesh Mahala age about 7 years,
No.2 and 3 through their guardian Smt. Poornima (All
resident of 73/7, Paramhans Marg, New Central School 5,
1. Rajesh Mahala S/o Shree B.L. Mahala, R/o 53, K.C. 5, Scheme,
Khatipura Road, Vaishali Nagar, Jaipur-302012.
For Appellant(s) : Sh. D.K. Dixit Adv.
For Respondent(s) : Sh. R.M. Sharma Adv.
HON’BLE MR. JUSTICE AJAY RASTOGI
HON’BLE MR. JUSTICE DINESH CHANDRA SOMANI
Instant appeal is directed against the interim order passed
by the Ld. Family Court dt.10-10-2013 in the pending proceedings
initiated on an application filed u/S 25 of the Guardians and Wards
Act regarding custody of two minor children who are presently
residing with the appellant no.1 Smt. Poornima. Being dissatisfied
with the order dt.10-10-2013 before approaching this Court a
review application came to be filed but that too was rejected on
Office has pointed out delay of 275 days in filing appeal in
support thereof separate application has been filed seeking
condonation of delay u/S 5 of the Limitation Act.
After taking note of the submissions made, we find that the
delay has been satisfactorily explained and deserves to be
(2 of 3)
Accordingly, the application seeking condonation of delay u/S
5 of the Limitation Act stands allowed and the delay is condoned.
It is informed that original application no.248/2013 is still
pending before the Ld. Family Court and the next date fixed for
evidence is 9-5-2017.
It is also brought to our notice that another application has
been filed by the appellant wife seeking divorce u/S 13 of the
Hindu Marriage Act bearing no.258/2012 pending before the Ld.
Family Court and both the matters are coming up on 9-5-2017.
After we have heard counsel for the parties we are of the
view that these are the interim orders under challenge in the
instant appeal and since the rights of the parties are still to be
adjudicated by the Ld. Family Court in the pending proceedings
under the Guardians and Wards Act case no. no.248/2013 it will
not be advisable to record any finding which may affect the interse
rights of the parties in the pending proceedings and either party
may not impress upon in going ahead for execution of the order
under challenge in appeal at the same time there is another
application filed at the instance of the appellant wife seeking
divorce u/S 13 of the Hindu Marriage Act pending before the Ld.
Family Court bearing no.258/2012 it will be appropriate that both
the matters be clubbed together and its hearing be expedited.
Accordingly, we direct the Ld. Family Court that both the
matters be clubbed together and the proceedings of the matters
be expedited decided at the earliest possible within reasonable
time and it is also expected that adjournment may not be granted
(3 of 3)
as a matter of course unless there being sufficient reasons in
With these observations, the appeal stands disposed of.
(DINESH CHANDRA SOMANI),J. (AJAY RASTOGI),J.