PARTANTRA Vs. SANJAY KUMAR GUPTA

JUDGEMENT

(1.) RAKESH Sharma, J. Heard Sri Divakar Rai Sharma, learned Counsel for the appellant and Sri Nitin Kumar Agrawal, learned Counsel for the respondent.

(2.) THE appellant who is the maternal uncle of a minor male child of 4 years named Honey (Hani in the pleadings) has assailed the judgment and order dated 26-7-2004 passed by Additional District Judge, Court No. 4, Aligarh allowing the application of father for handing over the custody of the child to him in preference to maternal uncle's possession.

(3.) AFTER the death of Smt. Rupa Varshney, an application was made under Section 498-A I. P. C. read with 3/4 of the Dowry Prohibition Act and thereafter a criminal compliant was registered. Since Smt. Rupa had died, the litigation could not proceed further.