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Judgment
Vivek Rusia, J
Petitioner has filed this present petition under Section 13 of Hindu Marriage Act, 1955 seeking decree of divorce. In the said proceeding, the petitioner filed an application under Section 26 of Hindu Marriage Act, 1955 seeking custody of his daughter aged about 4 years for himself as well as for grand-parents. The main contention of the petitioner was that non-applicant/respondent has not admitted daughter in the school for the studies, therefore, he be given custody for her better future.
Vide impugned order dated 20.12.2022 passed in RCS HM/92/2021 by Learned Trial Court has rejected the application on the ground that she is studying in the school and she being a daughter is liable to reside with her mother. Hence this present petition before this Court.
Learned counsel for the petitioner submits that looking to the age of the daughter she may continue to with her mother but petitioner being a father must be given visitation right which he claimed in paragraph No.5 of the application and the Learned Court has not passed any order.
Although there is a pleading in paragraph No.5 but there is no prayer to that effect in the prayer clause, therefore, the Court has not passed any order. Since the application under Section 26 of the Hindu Marriage Act, 1955 seeking interim custody during the pendency of the petition has been disposed of, therefore, instead of remanding the matter a liberty is hereby granted to the petitioner to file afresh application only for visitation right. If such an application is filed then same be decided in accordance with law.
In view of the above, present petition is disposed of with the aforesaid liberty to the petitioner.