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2010 Supreme(SC) 300

ALTAMAS KABIR, G.S.SINGHVI, CYRIAC JOSEPH
Mohan Kumar Rayana – Appellant
Versus
Komal Mohan Rayana – Respondent


Advocates appeared:
For the Petitioner:Dr. A.M. Singhvi, Shyam Divan, Sr. Advocates, Ms. Madhavi Diwan, Ms. Shelly Baluja, Ankur Chawla, Ms. Sheely Satija, Ms. Kevic Setalvaya, Ms. Pallavi Langar (For M/S. Coac), Advocates. For the Respondent:Ms. Meenakshi Lekhi, Abhijit Das, Gopal Jha, Ravi Kumar Tomar, Advocates.

Judgment :-

Altamas Kabir, J.

1. These petitions involve the final stage of a custody battle on account of disruption and finally a break down of the marriage ties between the petitioner and the respondent.

2. The petitioner and the respondent got married in Hyderabad on 11th August, 2000. A girl child, Anisha, was born on 2nd March, 2002. The nuclear family, along with the mother of the petitioner - husband, resided together at Chamboor, Mumbai till July, 2004 when, for whatever reason, the respondent-wife left the matrimonial home to stay with her parents at Bandra. On 24th November, 2005, with the help of police personnel from Chamboor Police Station, she took away Anisha from the custody of the petitioner's mother. The petitioner recovered the custody of the daughter on 30th November, 2005 and this resulted in both the husband as well as the wife filing separate Custody Petitions before the Family Court in December, 2005. On 20th December, 2005, the Family Court granted weekend access/visitation right to the respondent-wife and by a subsequent order dated 15th September, 2006. the Family Court granted interim custody of the child to the petitioner-husband pending hearing and fin













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