IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 1462 of 2011 Dinesh Kothiyal, S/O Sri B.D.Kothiyal, R/O 498A Khurbada Mohalla, Dehradun, District Dehradun. … Petitioner. Versus Captain Sapna Walia W/O Sri Dinesh Kotiyal, D/O Chaman Walia, R/O 1031/21 Indira Nagar Colony, Dehradun, presently resident of C/O Military Hospital, Yol Cantt. Tehsil Dharamshala, District Kangra, Himanchal Pradesh. … Respondent. Mr. B.M.Pingal, Advocate, learned counsel for the petitioner. Date July 19, 2011. Hon’ble B.S.Verma, J. Heard learned counsel for the petitioner. The only prayer made in this writ petition is the Principal Judge, Family Court, Dehradun be directed to decide the application under Section 26 of the Hindu Marriage Act, filed in Suit No. 485 of 2010 Dinesh Kothiyal Vs. Captain Sapana Walia within a time frame. According to the petitioner, he has filed a petition under Section 9 of the Hindu Marriage Act (for short the Act) before the trial court for restitution of conjugal rights and has also moved an application under Section 26 of the Act for custody of the child born out of the wedlock of the parties. The application under Section 26 of the Act is pending since 11-8-2010. Considering the proviso appended to Section 26 of the Act, the learned Principal Judge, Family Court, Dehradun is directed to dispose of the application under Section 26 of the Act moved in Suit No. 485 of 2010 Dinesh Kothiyal Vs. Captain Sapana Walia pending before that Court, expeditiously, on merits in accordance with law after hearing both the parties, preferably within a period of three months from the date of production of a certified copy of this order. With the above direction, the writ petition is disposed of finally. (B.S.Verma, J.) RCP