IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No.270 of 2009 (O&M) Date of Decision: 19.1.2009. Hem Raj Jendal ....Petitioner Versus Nidhi and another ...Respondents CORAM : Hon'ble Mr. Justice Rajesh Bindal Present:- Mr.Gaurav Bhayyia, Advocate for Mr.Surekha Chauhan, Advocate for the petitioner. RAJESH BINDAL, J. **** The prayer in the present petition is for a direction to learned Civil Judge (Senior Division), Patiala to expedite hearing of HMA Petition No.12 titled as Hem Raj Jendal Vs. Nidhi Jendal and another, filed under Sections 5 and 7 of the Hindu Minority and Guardianship Act, 1956 for custody of the child. As the prayer made is innocuous I do not deem it appropriate to issue notice to the respondents as they will not be adversely effected even if the prayer is granted. Learned counsel for the petitioner submits that the petitioner was married with respondent No.1 on 17.4.1998 and twins were born out of the wedlock on 11.3.1999. One of the child unfortunately expired and another is surviving. By mutual consent the parties separated in the year 2002. As the child was quite young at that time merely about 3 years old, the custody thereof was given to respondent No.1-mother. The petition was filed when the petitioner came to know that respondent No.1 remarried and the custody of the child was given to one of her relative respondent No.2 namely Arun Gupta and his wife Manju Gupta. The prayer before the Court below in the petition filed by father of the minor child is for taking back his custody as he is now in custody of strangers and not his natural mother. Learned counsel further submits that the pleadings of C.R. No.270 of 2009 (O&M) -2- the parties had been completed and now it is fixed for evidence of the parties. Keeping in view the fact that it is in the interest of justice and also welfare of the child that the dispute regarding custody of child is decided early I deem it appropriate to direct the learned Court below to expedite hearing of the aforesaid petition and decide the same by the end of year 2009. The Civil Revision Petition is disposed of. (RAJESH BINDAL) 19.1.2009 JUDGE Reema