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2003 Supreme(Kar) 89

A.M.FAROOQ, D.V.SHYLENDRA KUMAR
CHETHANA RAMATHEERTHA – Appellant
Versus
KUMAR V. JAHGIRDAR – Respondent


Advocates:
B.P.AHUJA, G.S.VISHVESHVARA, PRAMILA NESARGI

D. V. SHYLENDRA KUMAR, J.

( 1 ) THESE two appeals by a divorced mother of a female child who is eight years of age as of now, are directed against a common order dated 20-4-2002 passed on I. A. Nos. 12 and 14 filed in M. C. No. 1195 of 1998 on the file of the Court of the Principal Judge, Family Court at Bangalore.

( 2 ) UNDER the impugned order, the learned Family Court Judge has dismissed I. A. No. 12 filed by the mother under Section 26 of the Hindu marriage Act ('the Act', for short), seeking custody of the minor child. I. A. No. 14 filed by the father of the child for a similar relief has been allowed and the custody of the minor child by name Kum. Aaruni has been directed to be handed over to the father. It is the aggrieved mother who is in appeal before us and as the order passed is common on the two applications, two appeals have been filed.

( 3 ) THE applications under Section 26 of the Act had come to be filed in m. C. No. 1195 of 1998 which was a proceeding under Section 13-B of the act and the marriage between the parties which had taken place on 2-6-19s6 had been dissolved by mutual consent and a decree of divorce had been granted as per order dated 17-4-1999. The pare












































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