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2019 Supreme(SC) 1369

UDAY UMESH LALIT, INDU MALHOTRA, KRISHNA MURARI
DSG – Appellant
Versus
AKG – Respondent


Advocates Appeared:
For the Petitioner(s):Petitioner-in-person
For the Respondent(s):Nirnimesh Dube, Advocate

ORDER

INDU MALHOTRA, J.

1. The present Special Leave Petition has been filed by the Petitioner – mother to challenge the Interim Order dated 26.03.2019 passed by the Delhi High Court in Matrimonial Appeal (FC) 312/2018 with respect to the custody arrangement of the minor daughter.

2. The minor daughter was born on 21.08.2007, and is now over 12 years old. The child is currently residing with the Respondent – father, and is studying in Class VII in Holy Child Senior Secondary School, New Delhi.

3. On account of the marital discord between the parties, the Respondent – father filed a Guardianship Petition bearing No. G.P. 2266/2018 before the Family Court, Tis Hazari, New Delhi seeking custody of the minor daughter on the ground that the Petitioner – wife was suffering from Paranoid Schizophrenia and required treatment. On account of the mental illness, the Petitioner – wife treated the child with cruelty, and would prevent the father from meeting the child.

4. The Petitioner – mother resisted the Guardianship Petition, and made serious allegations against the father that the minor daughter was being molested by the father, who was guilty of sexual abuse, which made it unsafe for the


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