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2021 Supreme(SC) 150

A.M.KHANWILKAR, B.R.GAVAI, KRISHNA MURARI
AMAN LOHIA – Appellant
Versus
KIRAN LOHIA – Respondent


Advocates appeared:
For the Petitioner(s):Anil Malhotra, Mukul Kumar, Rupesh Kumar, Neelam Sharma, Viresh B. Saharya, Akshat Agarwal, Advocates
For the Respondent(s):Lakshmi Raman Singh, B.V. Balaram Das, Arvind Kumar Sharma, Chirag M. Shroff, Abhilasha Bharti, Sushant Dogra, Advocates

JUDGMENT :

A.M. KHANWILKAR, J.

1. The appellant[husband of the respondent] had filed MAT Appeal (F.C.) No. 85/2020 in the High Court of Delhi at New Delhi[for short, “the High Court”], which stood withdrawn and transferred to this Court in light of other proceedings pending between the parties in this Court involving overlapping issues, as per the consent order passed on 29.7.2020. That appeal, filed by the appellant is against the judgment and orders dated 21.9.2019 of the Principal Judge, Family Court, Patiala House, New Delhi[for short, “the Family Court”], whereby the application filed by the respondent[wife of the appellant] for transposing her as petitioner in the petition filed by the appellant declaring him as guardian of person of baby Raina and appointing him as her guardian, came to be allowed on the finding that the appellant had abandoned the petition. On the same day, by a separate order, the respondent was appointed as sole, exclusive and absolute guardian and custodian of minor child.

2. Both the parties have resorted to multiple proceedings against each other, essentially emanating from the discordant marital relationship between them. Besides the guardianship petitio


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