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Smt Poornima And Others vs Rajesj Mahala on 3 May, 2017

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,
Mansarovar, Jaipur.

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.



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

support thereof.

With these observations, the appeal stands disposed of.



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