2015 AIR CC 1355 (CHH) ::(2015) 1 CgLJ 587

Chhattisgarh High Court

Hon'ble Judge(s): T. P. Sharma, Inder Singh Uboweja , JJ

( A ) Hindu Marriage Act (25 of 1955) S. 26 — Custody of children — Petition for — Maintainability — Petition for dissolution of marriage by decree of divorce dismissed by family court on basis of application for withdrawal of petition by husband — Thereafter petition for custody of children filed by wife under S. 26 of Act — On date of filing petition under S. 26 of Act no proceeding was pending nor court has passed any final decree — Petition filed by wife for custody of children under S. 26 of Act is maintainable even after withdrawal of petition filed under S. 13 of Act. (Paras14)