HEMLATA SAHU Vs. CHETAN DAS SAHU

JUDGEMENT

(1.) By this appeal under Section 19 of the Family Courts Act, 1984, the appellant has challenged legality and propriety of the order dated 24-10-2013 passed by the 1st Additional Principal Judge, Family Court, Raipur in Civil Suit No. 194-A/2013, whereby the trial Court has dismissed the application filed under Section 26 of the Hindu Marriage Act, 1955 (for short "the Act"), for custody of children, on behalf of the appellant.

(2.) As per the appeal and the order impugned, the respondent had filed Civil Suit No. 229-A/2012 for dissolution of marriage by a decree of divorce against the appellant. Subsequently, the respondent has filed an application for withdrawal of the petition filed under Section 13 of the Act for dissolution of marriage by a decree of divorce and vide order dated 16-8-2012 passed by the Principal Judge, Family Court, Raipur, the same has been dismissed as withdrawn. After dismissal of such petition as withdrawn, the appellant has filed an application under Section 26 of the Act for custody of her children Yukti and Kaustubh. After providing opportunity of hearing to the parties, the application for custody of children has been dismissed by the trial Court on the ground that after withdrawal of main petition for dissolution of marriage by a decree of divorce, nothing was pending before the trial Court, therefore, the petition under Section 26 of the Act was not maintainable.

(3.) We have heard learned counsel for the parties, perused the order impugned and order dated 16-8-2012 passed in Civil Suit No. 229-A/2012.