NAVEEN KUMAR ARORA Vs. AMANDEEP SAINI

JUDGEMENT

(1.) Appellant has filed this appeal challenging order dated 20.12.2018 passed by Family Court No. 3, Jaipur (hereinafter referred to as 'the Family Court').

(2.) Learned counsel for the appellant has submitted that appellant got married to respondent on 03.03.2006. Out of the said wedlock, a daughter was born to the parties. Thereafter, parties filed a petition under Section 13B of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act of 1955') seeking decree of divorce on the basis of mutual consent. In the said proceedings, it was settled between the parties that the minor daughter, who was born on 14.01.2007, would remain in the custody of the appellant. Thereafter, respondent moved a petition (Annexure-2) under Section 25 of the Guardians and Wards Act , 1890 (hereinafter referred to as 'the Act of 1890') seeking custody of the minor child. Said petition was disposed of vide order dated 09.12.2017 (Annexure-3). It was agreed that the respondent would be entitled to meet the minor daughter once in a month for three hours. However, another petition (Annexure-5) under Section 25 of the Act of 1890 had been moved by the respondent seeking custody of the minor child. Since, the first petition moved by the respondent had already been decided, respondent was estopped from moving second petition seeking custody of the minor child.

(3.) Learned counsel for the respondent has opposed the appeal and has submitted that the petition moved by the respondent under Section 25 of the Act of 1890 was still pending. Hence, present appeal was liable to be dismissed.