MUKESH KUMAR Vs. VIMLESH

JUDGEMENT

(1.) By means of present writ petition, the petitioner seeks following relief, among others:

(2.) An affidavit of service upon the respondent has been filed alongwith misc. application no.1579/2016. Let the affidavit of service be taken on record. Misc. application no.1579/2016 made therefor stands disposed of. None has appeared on behalf of the respondent despite service of notice upon her.

(3.) A perusal of Annexure-6, which is certified copy of ordersheet of learned court below, will reveal that an application Order 9 Rule 13 CPC read with 151 C.P.C. alongwith application Section 5 of the Limitation Act was filed by the applicant (respondent herein), in which, it was directed the miscellaneous case be registered; notices were directed to be issued to the opposite party (petitioner herein) and 3.9.2015 was fixed for hearing. On the selfsame day (i.e. impugned order dated 2.7.2015), an ex-parte order dated 14.08.2013 was passed by the Principal Judge, Family Court, Dehradun, whereby the custody of children to the petitioner was stayed (probably under Section 151 CPC).