High CourtsDivision Bench(2022) 10 UK CK 0038

Anjali vs Monu Kumar

Uttarakhand High Court · Decided on 17 October 2022

HON’BLE JUDGES
Vipin Sanghi, CJ · R.C. Khulbe, J
RESULT
Dismissed
CASE NUMBER
First Appeal No. 172 Of 2022

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

8 paragraphs · 169 words

Vipin Sanghi, CJ

1.

The present Appeal is barred by limitation by 90 days.

2.

The appellant has preferred the present Appeal to assail the ex parte judgment dated 09.05.2022 rendered by the Family Court in Original Suit No. 21 of 2020 filed by the respondent to seek the guardianship of the minor child under Section 25 of the Guardians and Wards Act.

3.

The case of the appellant is that she was not served in the said proceedings. The impugned judgment records otherwise.

4.

The appellant has a remedy to seek setting aside of the ex parte judgment by disclosing sufficient cause before the same Court.

5.

Mr. Nagesh Aggarwal, learned counsel for the respondent / caveator, points out that the impugned judgment has also been executed, and this fact has not been disclosed in the present Appeal.

6.

In the aforesaid circumstances, we are not inclined to entertain the present Appeal. The same is, accordingly, dismissed.

7.

In sequel thereto, pending application, if any, also stands dismissed.