VISHAL MOHINDRA Vs. VANITA

JUDGEMENT

(1.) The appellant is aggrieved by order dated 21.03.2015 passed by the Family Court, Ambala, dismissing the application for restoration of application dated 10.08.2013 for the custody of the minor child.

(2.) It is admitted fact that the appellant had filed a petition under section 13 of the Hindu Marriage Act for seeking divorce from the respondent. During pendency of the petition, he had filed an application purporting to be an application under section 26 of the Hindu Marriage Act for custody of the minor child. He had been granted visitation rights viz-a-viz. minor daughter vide different orders passed by the Family Court. The appellant had withdrawn his petition under section 13 of the Hindu Marriage Act on 19.07.2013. Accordingly vide order dated 19.07.2013, the petition was dismissed as withdrawn after recording the statement of the appellant. Thereafter, the appellant filed an application dated 10.08.2013 for modification of certain orders under Section 7 (1) Explanation (g) read with section 8 (a) (c) (I) of the Family Courts Act, 1984 which was dismissed for non-prosecution on 20.08.2013. The appellant then filed another application on 17.10.2013 for restoration of application dated 10.08.2013. The said application for restoration was dismissed vide order dated 21.03.2015 inter alia observing as follows:-

(3.) Perusal of the above said order indicates that the application filed by the petitioner for consideration of his application for claim regarding custody of the child in view of the provisions of section 7 of the Family Courts Act, 1984, has been dismissed on the ground that all the rights of the appellant along with right under section 26 of the Hindu Marriage Act would cease to exist with the withdrawal of the divorce petition.