SUMEDHA NAGPAL Vs. GAURAV NAGPAL

JUDGEMENT

(1.) THIS order shall dispose of petition under Article 227 of the Constitution of India filed by the petitioner challenging the order dated May 2, 2003 whereby application filed by the petitioner for striking off the issues was partly allowed and issue No. 4 was deleted.

(2.) THE petitioner is mother of a child Vasukrishan born on 15.11.1997. The marriage between the parties was solemnised on 14.10.1996 and ever since April 1999 the parties are living separately. According to the petitioner, the custody of the child was wrong fully taken by the respondent on 1.8.1999 when the child was hardly 20 months old. Writ petition filed by the petitioner was dismissed by Delhi High Court. However, in SLP filed against the order of Delhi High Court the Supreme Court ordered that the question of custody of the child will have to be decided in proceeding arising out of Section 25 of the Guardian and Wards Act read with Section 6 of the Hindu Minority and Guardianship Act and while deciding such a question welfare of the minor child is of primary consideration. Since allegations and counter allegations have been made against each other narrating circumstances as to how much (such ?) estrangement took place and how each of them is entitled to the custody of the child and therefore, a proper decision in the matter be taken with respect to the evidence by an appropriate forum.

(3.) THE petitioner has moved an application under Order 14 Rule 5 read with Section 151 CPC and prayed for framing of the following issues :