Ritesh Patkar @Nobel Patkar Vs Gayatri Namdev And Ors

Chhattisgarh High Court 21 Aug 2018 Writ Petition (227) No. 677 Of 2018
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Writ Petition (227) No. 677 Of 2018

Hon'ble Bench

Sanjay K. Agrawal, J

Advocates

Hemant Gupta

Final Decision

Dismissed

Acts Referred

Guardian And Wards Act, 1890 — Section 47(C)

Judgement Text

Translate:

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).