NITANT SHARMA Vs. INDU BALA

JUDGEMENT

(1.) Petitioner has invoked jurisdiction of this Court under Article 227 of the Constitution of India to assail order dtd. 18/7/2020, passed by learned District Judge (Family Court), Shimla, in case CMP No. 1490 of 2019.

(2.) Petitioner and respondent are married to each other. Their relations became strained giving rise to multifarious litigations. One of these is the petition for dissolution of marriage by decree of divorce filed by the petitioner under Sec. 13 of the Hindu Marriage Act. The ground pleaded in said petition is 'cruelty'

(3.) During the pendency of the proceedings of divorce petition, petitioner filed an application before learned District Judge (Family Court), Shimla, seeking custody of only girl child of the parties. Respondent opposed the prayer. Learned District Judge (Family Court), Shimla, ruled the custody of child to remain with respondent. However, visitation rights were granted in favour of the petitioner in following terms:-