Mr. Hailungning Zeliang v. The Principal Judge, Family Cou Rt and Anr

ORDER Date : 26-02-2024 Heard Mr. Tongpok Pongener, learned counsel appearing on behalf of the petitioner and Mr. C.T. Jamir, learned counsel appearing on behalf of the respondent. The two proceedings arises in view of an Order dated 19.12.2023, passed by the learned Principal Judge, Family Court, Dimapur, in I.A. Case No. 70/2023 under Section 12 of the Guardians & Wards Act, 1890. The said proceedings emanates from the Custody Case No. 12/2023. This Court has perused the said Order and the various directions which have been passed.

¶2This Court, after hearing both the learned counsels appearing on behalf of the parties, is not inclined to exercise its jurisdiction conferred upon this Court in respect to the Order dated 19.12.2023, more so when the said order is interim in nature.

¶3However, it is the opinion of this Court that the various terms and Page No.# 3/3 conditions as stipulated in the Order dated 19.12.2023 may require certain modifications, more so, taking into account that certain clarity will be required as regards the visitation rights. It is also the opinion of this Court that the learned Principal Judge would also be in a position to talk to both the father and the mother and also have a word with the child in deciding what further terms and conditions are required in the interim.

¶4Under such circumstances, this Court disposed of the present proceedings requesting the learned Principal Judge, Family Court, Dimapur, to hear both the parties in person and decide as to whether further modifications are required to the terms and conditions in the Order 19.12.2023, and more so, in respect to the visitation rights, which requires, in the opinion of this Court, some more clarity. This Court further requests the learned Principal Judge, Family Court, to do the same as early as possible and preferably within a period of 15 (fifteen) days from the date of the appearance of both the parties before the said Court.

¶5It has been submitted by both the counsels appearing for the parties that the parties shall appear before the learned Principal Judge, Family Court, on 01.03.2024.

¶6The instant proceedings stands closed with the above observation.

¶7The interim order which has been passed in WP(C)/8/2024 shall continue till further directions are passed by the learned Principal Judge, Family Court, pursuant to the appearance of the parties, as deemed fit.

Sd/- JUDGE Comparing Assistant

Page No.# 1/3 GAHC020000332024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/8/2024 MR. HAILUNGNING ZELIANG S/O KELEI ZELIANG R/O H APARTMENT BUILDING PURANA BAZAR NEAR ZION HOSPITAL DIMAPUR NAGALAND-797112 VERSUS THE PRINCIPAL JUDGE FAMILY COU RT AND ANR O/O DISTRICT AND SESSIONS JUDGE DIMAPUR NAGALAND-797113 2:SMTI. ABIGAIL ACHIKU YEPTHOMI W/O HAILUNGNING ZELIANG DAUGHTER OF H. TOHUVI YEPTHOMI R/O H. APARTMENT BUILDING PURANA BAZAR NEAR ZION HOSPITAL DIMAPUR-797112 ------------ Advocate for : KN CHOUDHURY Advocate for : appearing for THE PRINCIPAL JUDGE FAMILY COU RT AND ANR Page No.# 2/3 Linked Case : C. REVN/3/2024 SHRI HAILUNGNING ZELIANG R/O H. APARTMENT BUILDING PURANA BAZAR, NEAR ZION HOSPITAL DIMAPUR NAGALAND VERSUS SMTI. ABIGAIL ACHIKU YEPTHOMI D/O H. TOHUVI YEPTHOMI R/O H. APARTMENT BUILDING PURANA BAZAR, NEAR ZION HOSPITAL DIMAPUR NAGALAND Advocate for the Petitioner : TONGPOK PONGENER Advocate for the Respondent : C. T. JAMIR, SR. ADV BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH