SHRI ASHWIN CHAUDHRY Vs. SMT. KIRAN CHAUDHRY

JUDGEMENT

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

(2.) The petitioner has filed a matrimonial suit under Section 13 of the Hindu Marriage Act (hereinafter referred to as the 'Act') for obtaining a decree of divorce against the respondent on the ground of adultery. Till December, 2014, child (Kushagra Chaudhary) born out of wedlock of petitioner & respondent was studying with their parents at Nainital, where he was studying in St. Joseph College. In December, 2014, respondent shifted to her parental house at Nainital and, then, in March, 2016 she alongwith the child shifted to Dehradun, where the child was got admitted in Asian School in Class -VII. The child is also present in the Court alongwith her mother. During lunch break, this Court called the child in the chamber.

(3.) The law is abundantly clear on the point that child's welfare is a paramount consideration while deciding the issue of custody of a child. On 02.03.2016, the child had an occasion to meet his father on his birthday, which was celebrated at Nainital at the house of respondent's mother (i.e. maternal grandmother of the child). When the summer vacation started in the Asian School, the petitioner moved an application under Section 26 of the Act for custody of his child. Instead of deciding such an application, the court below postponed the hearing of the same on the ground that it will be decided at the time of final disposal of the matrimonial suit pending adjudication before the said court under Section 13 of the Act.