JUDGMENT :

Jasjit Singh Bedi, J.

1. Though CM-12671-CII-2023 is listed for hearing, yet we have taken up the main case for final disposal.

2. The present appeal has been filed against the order dated 27 .03.2023 passed by the Principal Judge, Family Court, Rohtak (for short 'the Family Court') whereby the petition filed by the appellant under Section 25 of the Guardianship and Wards Act, 1980 (for short 'the Act') seeking custody of his minor son Lavyansh, has been dismissed. The brief facts of the case are that appellant-Manoj Dhankar married respondent No. 1 on 26.11.2012. A male child, namely, Lavyansh was born to the couple on 18.01.2016. However, differences arose between the parties because of which a petition under Section 13-B of the Hindu Marriage Act, 1955 was filed. However, after the first motion statement on 28.08.2019, the compromise fell through and the said petition came to be withdrawn.

3. Thereafter, the appellant filed a petition under Section 25 of the Act seeking custody of the minor son. The said petition came to be dismissed vide order dated 27.03.2023 passed by the learned Family Court. As noticed above, the said order has been under challenge in the present appeal.

4. In the present appeal, notice of motion was issued vide order dated 25.05.2023. During the pendency of the appeal, CM-12131-CII-2023 was filed by the appellant, seeking disclosure of the itinerary of the child. The said application came to be withdrawn on 19.07.2023.

5. Thereafter, another application bearing No. CM-12671-CII-2023 was filed seeking; (i) disclosure of the itinerary of the minor child; ii) arranging video calls of the appellant with the minor child and; iii) Seeking return of the child from Ireland to India.

6. On 25.07.2023, in the aforementioned application No. CM-12671-CII-2023, this Court passed the following order:-

"Notice in the application only to the extent of asking the respondent No. 1 to disclose the itinerary of minor child for the date fixed i.e. 26.09.2023."

7. The matter was adjourned from time to time and the counsel for respondent No. 1 was to seek instructions so that video conferencing could be arranged between the appellant on the one hand and the child on the other.

8. On 01.03.2024, a reply to CM-12671-CII-2023 was filed and taken on record. In the said reply, it was pointed out that against the order dated 25.07.2023, the appellant had already approached the Hon'ble Supreme Court and the said Court vide its order/judgment dated 29.01.2024 had rejected all the prayers made by the appellant in CM-12671-CII-2023. Copy of the order of the Hon'ble Supreme Court was brought on record as Annexure R1/1.

9. Thereafter, CM-15450-CII-2024 had been filed seeking early hearing of the application No. CM-12671-CII-2023. Vide order dated 13.09.2024 passed by this Court, the date of hearing in CM-12671-CII-2023 was preponed to 20.09.2024 i.e. today. As noticed above, we have taken up the main case for final hearing today itself.

10. We have heard the learned counsel for the parties and gone through the record.

11. As noticed above, the present appeal is directed against the order dated 27.03.2023 passed by the Family Court, whereby the appellant has been denied the custody of the minor child. During the pendency of these proceedings, he had moved application No. CM-12671-CII-2023. Notice in the application had been issued on 25.07.2023 only to the extent that respondent No. 1-wife was to disclose the itinerary of the child. As against that very order, he filed an SLP (Civil) Diary No. (s) 2506/2024, wherein the following prayers were made:-

"7. MAIN PRAYER:-

It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to:-

a) Grant Special Leave to Appeal against the impugned Order dated 25.07.2023 passed by the Hon'ble High Court of Punjab & Haryana at Chandigarh in CM No. 12671-CII-2023 in FAO No. 2655 of 2023; and

b) Pass any such other and further orders as this Hon'ble Court may deem fit and prope