JUDGMENT 1. - Instant appeal has been filed by father of the minor child Mayank against order of the learned Family Court, Jhunjhunu dated 18-2-2015 passed on an application filed by the respondent mother Neetu u/S 7-10 of the Hindu Minority & Guardianship Act,1956 ("Act,1956"). 2. As it reveals that while disposing of the application filed by the respondent mother for custody of the minor child Mayank, the learned Family Court in its order impugned observed that the lady will be entitled for custody of minor child Mayank upto the age of 5 years and thereafter from 5-18 years he will remain in the custody of his father & natural guardian i.e. present appellant & during this period the mother will have visiting rights to meet her son Mayank. 3. It is informed to this Court that the child has now crossed the age of 5 years and now in compliance of order of the learned Family Court his custody will remain with his father-natural guardian i.e. present appellant. 4. Counsel for respondent mother submits that what is being raised in the instant appeal remains academic exercise since custody of the minor child Mayank after attaining the age of five years is to be with natural guardian-father in compliance of order of the learned Family Court and the mother will have only visiting rights in terms thereof subject to her objection in assailing the finding of custody of her son after attaining the age of five years to his father in the separate CMA filed on her behalf. 5. Counsel submits that since only visiting rights have been provided to the mother if this Court may consider it appropriate at least some orders may be passed protecting the visiting rights of the respondent wife. 6. Since the mother has also filed separate appeal against order of the learned Family Court, the grievance raised shall be considered in the pending CMA filed at her instance, but at least after hearing counsel for the parties & taking note of the submissions made we do find justification that substantially the present appeal has become in-fructuous. 7. Consequently, the appeal has become in-fructuous and accordingly dismissed.Appeal dismissed. *******