JUDGMENT :

YOGENDRA KUMAR SRIVASTAVA, J.

1. Heard Sri. Jitendra Kumar, learned counsel for the petitioner and. Sri Sameer Shankar, learned Additional Government Advocate appearing for the State-respondents.

2. The present petition has been filed on behalf of petitioner (minor) through Jai Singh who has asserted to be father of the minor.

3. Pleadings in the petition indicate that soon after the birth of the petitioner (corpus), on 17.02.2018, some dispute arose between his father and mother (Respondent No. 4) and on 22.10.2020 when the petitioner was about two years of age the Respondent No. 4 left her matrimonial home along with the minor child. It is an admitted fact that the Respondent No. 4 has not returned to her matrimonial home since then.

4. Learned Additional Government Advocate on the basis of instructions submits that the Respondent No. 4 along with her minor child is living separately and that some litigation is pending between the parties before the Family Court.

5. Learned counsel for the petitioner submits that the matter which is pending before the Family Court is under Section 13 of the Hindu Marriage Act, 1955 i.e. proceedings for divorce. He states that the only relief