PREM SINGH RANA Vs. SONU DEVI

JUDGEMENT

(1.) By way of instant petition filed under Art. 227 of the Constitution of India, challenge has been laid by the petitioner to order dtd. 3/1/2023 passed by learned Senior Civil Judge, Nadaun, District Hamirpur, Himachal Pradesh in CMA No. 1 of 2023, whereby an application filed by the petitioner seeking custody of minor son Neerav, till final disposal of the main petition, came to be rejected.

(2.) Pursuant to notice issued in the instant proceedings, Mr. Somesh Sharma, Advocate has put in appearance on behalf of the respondent.

(3.) Mr. Somesh Sharma, Advocate, states that though at no point of time, prayer, if any, was ever made by the petitioner to give visitation rights, but even otherwise, no illegality can be said to have been committed by learned court below, while refusing prayer for interim custody of the child, on account of the fact that the child clearly stated before learned court below that he does not wish to join the company of the petitioner.