B.V.NAGARATHNA, PRADEEP SINGH YERUR
P. MANJUNATH S/O. H. N. PUTTEGOWDA – Appellant
Versus
JAGADISH S/O. LATE ANJANEYA GOWDA – Respondent
JUDGMENT :
The petitioner in G & W.No.27/2017, who is the father of the minor child Sai Pratham, has filed the present appeal being aggrieved by order dated 18.03.2019 passed by II Additional Principal Family Court at Mysuru, wherein the Family Court has rejected the prayer for permanent custody and has disposed of the guardianship petition by granting only temporary custody of the minor ward to the appellant-father during Dasara and Summer vacations and provided visitation right to him to visit the minor child at his convenience, without affecting the curricular, co-curricular and extra curricular activities whenever possible and with prior intimation to the respondent, who is the maternal grand-father of the minor child.
2. The brief facts of the case are that the appellant herein filed a petition before the Family Court under Section 25 of the Guardian and Wards Act, 1890 read with Section 6 of the Hindu Minority and Guardianship Act, 1956 praying for a direction to the respondent, the maternal grand-father of the ward, to handover the custody of Master Sai Pratham to the appellant.
3. It is the case of the appellant that he had married Smt.J.Akshatha, the daughter of the respond
Ayisakkutty vs. Abdul Samad reported in AIR 2005 Ker 68
Mausami Moitra Ganguli vs. Jayanti Ganguli reported in (2008)7 SCC 673
Om Prakash vs. Pushpa reported in 1975 RLR 29
R.V.Srinath Prasad vs. Nandamuri Jayakrishna reported in (2001)4 SCC 71
Jai Prakash Khadri vs. Shyam Sunder Agarwalla and another 2000(6) SCC 598
Bimla Devi v. Subhas Chandra Yadav ‘Nirala’ [AIR 1992 Pat. 76]
NIL RATAN KUNDU v. ABHIJIT KUNDU reported in (2008)9 SCC 413
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