High CourtsSingle Bench(2018) 08 CHH CK 0232

Ritesh Patkar @Nobel Patkar vs Gayatri Namdev And Ors

Chhattisgarh High Court · Decided on 21 August 2018

HON’BLE JUDGES
Sanjay K. Agrawal, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (227) No. 677 Of 2018

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Judgment

10 paragraphs · 164 words

Sanjay K. Agrawal, J

1.

Learned counsel appearing for the petitioner would submit that application filed by the petitioner under the provisions of the Guardian and Wards

Act, 1890 (for brevity, 'Act of 1890') for having custody of his daughter has been rejected by the Family Court, Raipur by order dated 18.04.2018

(Annexure - P/1) against which this writ petition has been preferred.

2.

I have heard learned counsel for the petitioner.

3.

Since, the application filed by the petitioner under the provisions of Act of 1890 for having custody of his daughter is appealable under Section 47(C)

of the Act of 1890, therefore, this writ petition is not maintainable.

4.

Accordingly, the writ petition is dismissed as not maintainable. However, the petitioner would be at liberty to prefer an appeal before the Appellate

Authority in accordance with law.

5.

Certified copy of the impugned order be returned to the counsel for the petitioner on furnishing attested photocopy thereof. No order as to cost(s).