RADHIKA Vs. SUMESH TANEJA

JUDGEMENT

(1.) On oral prayer of the counsel for the petitioner, date of impugned order (Annexure P-4) is allowed to be corrected as 19.09.2012 instead of 19.09.2011 at all places in the revision petition.

(2.) In this revision petition filed under Article 227 of the Constitution of India, order dated 18.07.2011 (Annexure P-1) and order dated 19.09.2012 (Annexure P-4) passed by the trial court are under challenge. The dispute relates to custody of minor daughter of the parties.

(3.) Sumesh Taneja respondent herein has filed petition under Section 6 of the Hindu Minority and Guardianship Act, 1956 read with Section 10 of the Guardians and Wards Act, 1890 (Annexure P-5) against Radhika petitioner herein for custody of their minor daughter. Vide order Annexure P-1, cross-examination of PW-1 Raj Kumar Taneja (father of respondent herein) and PW-2 Sumesh Taneja (respondent herein) was treated as 'Nil' because after waiting for counsel for the petitioner herein till after lunch break, the counsel did not turn up to cross-examine the said witnesses. Thereupon, petitioner herein moved application Annexure P-2 for recall of order Annexure P-1. The said application was opposed by respondent herein by filing reply Annexure P-3. The said application has been dismissed by the trial court vide order Annexure P-4.