RAJ KUMAR SINGH Vs. STATE

JUDGEMENT

(1.) PETITIONER herein is a worried father concerned about welfare of his children including a 4 years old female child currently living with their mother, respondent No.4, who as per petitioner is living separately and leading life of adultery, so he apprehends that the girl child may also be infected in the bad company and accordingly seeks her custody. During course of submissions petitioners counsel, has also informed that he has instituted a divorce petition before matrimonial court on the ground of adultery.

(2.) IN over all consideration of the matter, particularly the submissions made at bar, it appears that the petitioner has a matrimonial dispute with respondent No.4, his wife, with whom the children are currently living. He has admittedly sought a divorce decree before the competent court on the ground of adultery which he wants to be taken cognizance by this Court for entertaining the writ petition and having the children examined for ascertaining their placement and welfare.

(3.) EVEN on a cursory consideration of the matter the impression that percolates from pleadings and arguments projected is that the subject matter essentially involves matrimonial dispute comprising of such intricate factual details as would require hard evidence for their proof for which the appropriate and efficacious remedy lies in the Civil Court in view whereof exercise of writ jurisdiction in the matter would not be proper particularly because the petitioner has already approached the proper forum.