Supreme Court - Daily Orders
Jagdish Prasad Singh vs Shivani Singh on 13 April, 2023
Bench: A.S. Bopanna, Hima Kohli
ITEM NO.53 COURT NO.11 SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) No.7500/2023
(Arising out of impugned final judgment and order dated 29-03-2023
in WRITC No. 4897/2022 passed by the High Court of Judicature at
Allahabad, Lucknow Bench)
JAGDISH PRASAD SINGH & ORS. Petitioner(s)
VERSUS
SHIVANI SINGH & ORS. Respondent(s)
(FOR ADMISSION and I.R. and IA No.74336/2023-EXEMPTION FROM FILING
O.T. and IA No.74334/2023-PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES )
Date : 13-04-2023 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE A.S. BOPANNA
HON'BLE MS. JUSTICE HIMA KOHLI
For Petitioner(s) Mr. H.G.S.Parihar, Sr. Adv.
Mr. Aditya Singh, AOR
Mr. Shubham Singh, Adv.
Mr. Aishwarya Wani, Adv.
For Respondent(s) Mr. Anurag Dubey, Adv.
Ms. Anjali Tiwari, Adv.
Ms. Manisha Yadav, Adv.
Mr. S. R. Setia, AOR
UPON hearing the counsel the Court made the following
O R D E R
Heard learned senior counsel for the petitioner and perused the petition papers.
Considering the manner in which the proceedings has arisen before the High Court pursuant to an order passed by the Child Welfare Committee in the ultimate conclusion reached we see Signature Not Verified Digitally signed by Rajni Mukhi Date: 2023.04.15 no error committed by the High Court so as to interfere with the 12:29:42 IST Reason:
order.
1 SLP (C) No.7500/2023 However, we note that the High Court has in fact, reserved the liberty to the parties to approach the Competent Court to seek custody of the minor daughter. In that view, such liberty in any event is available to the petitioners and it is needless to mention that in such proceedings the aspect of interim visitation will also be considered by the Competent Court by providing opportunity to both parties.
It is made clear that the observations as contained in the order passed by the High Court are limited to the proceedings which was under consideration and the same would not weigh in the mind of the Competent Family Court while considering the issue relating to the custody and visitation.
The special leave petition is, accordingly, disposed of. Pending application(s) shall also stand disposed of.
(RAJNI MUKHI) (DIPTI KHURANA)
COURT MASTER (SH) ASSISTANT REGISTRAR
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