The appellant filed an appeal against a dismissal of his petition regarding territorial jurisdiction under the Family Court Act and Guardians and Wards Act. The appellant withdrew the appeal intending to file a fresh case. The court dismissed the appeal.
The appeal stands dismissed.
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Court No. - 32
Case :- FIRST APPEAL No. - 611 of 2015
Appellant :- Sudhanshu Gupta Respondent :- Smt. Komal Gupta Counsel for Appellant :- Rahul Sahai,Deendayal Gupta,Rajesh Kumar Tiwari Counsel for Respondent :- Alok Tiwari
Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J.
This appeal under Section 19 of the Family Court Act has been filed against the judgement and order dated 28.10.2015 passed by the Principal Judge Family Court, Budaun on an application No. 64Ga filed in Misc. Case No. 50 of 2012 (Sudhanshu Gupta Vs. Smt. Komal Gupta) raising an objection with regard to the territorial jurisdiction of the court to entertain the petition filed under Section 25 of The Guardians and Wards Act, 1890. The said application has been allowed and the petition filed by the appellant has been returned to be presented to the court in which the petition should have been presented as provided under Order 7 Rule 10 C.P.C.
After arguing the matter for quite some time, learned counsel for the appellant has stated that he does not want to press the present appeal in order to file fresh petitioner under the Guardians and Wards Act, 1890 before the appropriate Court.
In view of the above, this appeal stands dismissed.
This order has been passed in the presence of Sri Alok Tiwari, learned counsel for the respondent.
Order Date :- 14.3.2019 vinay
1 issue framed by the court
Whether to dismiss the appeal after the appellant withdrew the matter to file a fresh petition before the appropriate court.
3 provisions across 3 enactments
Sudhanshu Gupta
Smt. Komal Gupta
Shashi Kant Gupta
Saurabh Shyam Shamshery
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
