FAO No.5391 of 2005 (O&M) - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** FAO No.5391 of 2005 (O&M) DATE OF DECISION: 29.7.2010 **** Neeraj Walia . . . . Appellant VS. Kiran Walia . . . . Respondent **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: - Mr.S.S. Brar, Advocate for the appellant. **** RAKESH KUMAR JAIN J. (ORAL) This appeal is directed against the order passed by Additional District Judge, Faridabad dated 10.11.2005 whereby an application filed by respondent-Kiran Walia under Section 25 of the Guardian and Wards Act, 1890 (for short the Act) has been allowed and she has been held entitled to the custody of her minor child Prachi Walia. On 09.12.2005, notice of motion was issued and status quo was ordered to be maintained with regard to custody of child till further orders. On 24.7.2006, nobody put in appearance on behalf of the respondent despite service. The case was admitted and interim order dated 9.12.2005 was ordered to be continued. Now an application i.e. C.M. No.12511-CII-2010 has been filed by the appellant-husband under Section 151 of the Code of Civil FAO No.5391 of 2005 (O&M) - 2 - Procedure, 1908 (for short ‘CPC’) praying for disposal of the appeal on the basis of an order passed by the Matrimonial Court whereby a petition for divorce by mutual consent under Section 13(B) of the Hindu Marriage Act, 1855 has been allowed by Additional District Judge, Faridabad on 11.9.2008 and accordingly custody of the minor child namely, Prachi is ordered to be kept with the appellant/Neeraj Walia. Notice in the application was issued on 19.5.2010 but despite service, no one has put in appearance on behalf of the respondent. Learned counsel for the applicant/appellant submits that non- appearance is obvious as the matter has been finally settled between them in terms of the order passed by the Matrimonial Court on 11.9.2008 as per which custody of the minor has been given to the appellant. In view thereof, the present appeal is disposed of in terms of the order passed by Additional District Judge, Faridabad on 11.9.2008 in HMA 30/11.3.2008 titled as Neeraj Walia Versus Kiran Walia by which the custody of the minor child Prachi is given to the appellant. (RAKESH KUMAR JAIN) 29.07.2010 JUDGE Vivek