WPMS No. 727 of 2002 Hon’ble B.C. Kandpal, J. By way of this petition under Article 227 of the Constitution of India, the petitioner has prayed for setting aside the order dated 31.07.2002 passed by Principal Judge, Family Court, Dehradun, thereby giving the child in the custody of Smt. Seema Nanda.- wife of the petitioner. Heard Sri Sharad Sharma, learned Senior Advocate assisted by Mrs. Indu Sharma, learned counsel for the petitioner and perused the record. Learned counsel for the petitioner has submitted before me that the order dated 31.07.2002 is an ex-parte order and the approach adopted by the Principal Judge, Family Court, Dehradun in giving the child in the custody of Smt. Seema Nanda is absolutely perverse. Having considered the arguments advanced by learned counsel for the petitioner and perusing the entire material available before me, I am of the view that the order dated 31.07.2002 is not liable to be set-aside at this stage. However, in case, the petitioner feels that the order dated 31.07.2002 being an ex-parte order is liable to be set aside, he may approach to Principal Judge, Family Court, Dehradun for recalling of the order by moving the application in this regard. With the aforesaid observation, the petition is disposed of finally. It is made clear that the limitation in moving the application will not come in the way of the petitioner. (B.C.K., J.) 27.10.2009 ASWAL