ANITA DASH Vs. DEVI PRASAD ACHARYA

JUDGEMENT

(1.) This is a Civil Revision under Section 48 of the Guardian and Wards Act (for short, 'the Act') read with Section 115 of the Code of Civil Procedure (for short, 'the Code').

(2.) UNDISPUTABLY , petitioner is the wife and opposite party is her husband. Both are Hindus. They have a child aged about 5 years. Husband filed an application for dissolution of marriage in the Court of the Subordinate Judge, Bhubaneswar, which is the district Court as defined under the Hindu Marriage Act. This proceeding is continuing and it is slated that husband has examined himself as a witness. During the pendency of the matrimonial proceeding husband filed an application under Section 7 of the Act for guardianship of the child. Wife entered appearance in that proceeding and prayed that the proceeding should be stayed since the points on which the guardianship is sought are also the points for dissolution of marriage and there may be inconsistency in findings of both the forums.

(3.) LEARNED District Judge has rejected this application on the findings that the proceeding under the Act is not a suit and Section 10 of (be Code is not applicable.