By order dated 20th April, 2018, the learned trial Judge directed the petitioner herein to hand over custody of minor children to the respondent till further order on the application. That order was challenged by the petitioner in this Court. By order dated 12th June, 2018, clause (1) of the operative order was set aside and the learned trial Judge was directed to dispose of the application Exhibit 18. The petitioner was directed to file her reply within two weeks. In pursuance thereof, the petitioner filed reply to application Exhibit 18 on 26th June, 2018. A perusal of the reply does not even remotely indicate that the petitioner contended that application Exhibit 18 is rendered infructuous as the exigency and/or urgency namely examination of son Yajat on 23rd April, 2018 was over. The said exigency did not exist. In fact, a perusal of the order dated 12th June, 2018 passed by this Court also does not indicate that any such contention was raised before this Court to the effect that as examination was over and son Yajat was promoted to Grade-4, application Exhibit 18 was rendered infructuous. Thus, the parties proceeded before the trial Court on the footing that Exhibit 18 has to be decided on merits. That apart, now examination of grade-4 of son Yajat is commencing from 24th September, 2018. In view thereof, it cannot be said that application Exhibit 18 is rendered infructuous.
