SOMNATH DAS Vs. SHEOLI HATI

JUDGEMENT

(1.) PETITIONER by way of filing the present petition under Article 227 of the Constitution of India has prayed for issuance of appropriate writ/order for setting aside the order dated 08.06.2012 (Annexure -8) passed by the learned Principal Judge, Family Court, at Jamshedpur in G.S. Case No.11 of 2012, whereby the learned court below has rejected the interlocutory application dated 28.10.2011 filed on behalf of the petitioner.

(2.) HEARD the learned counsel for the petitioner as well as respondent. Perused the impugned order as well as other material placed on record.

(3.) LEARNED counsel for the petitioner by referring paragraph 4 of the petition submitted that with regard to custody of child the parties are agreed to allow the petitioner to meet the child in every two months starting from January 2010, in between 10.30 to 12.30 A.M. Learned counsel for the petitioner by referring Annexure -2 i.e. report submitted by the Conciliator, JHALSA that the petitioner -husband has been instructed to withdraw the application filed for the custody of the minor daughter being G. and WC Case No.290 of 2009 pending before the Ist Additional Judge, Family Court, Bangluru since the same was filed during the conciliation proceeding. However, parties were given liberty to file an appropriate application for the same, before the competent court after conclusion of the conciliation proceeding. Thereafter, the petitioner has approached the court below by way of making an application dated 28.10.2011, but the court below has failed to appreciate the grounds which were canvassed by the petitioner before the court below, including the facts that the petitioner was given liberty by the Conciliator upon the agreement arrived at between the parties.