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2020 Supreme(Kar) 1923

B.V.NAGARATHNA, N.S.SANJAY GOWDA
Savitha Seetharam – Appellant
Versus
Rajiv Vijayasarathy Rathnam, S/o. Prof. R. K. Vijayasarathy – Respondent


Advocate Appeared:
For the Appellant :SRI ABHINAV R., SRI M. SUNIL SASTRY & MRS. CHAMPOO K.S., ADVOCATES
For the Respondent: SRI RAJIV VIJAYASARATHY RATHNAM, PARTYINPERSON

JUDGMENT :

These appeals have been preferred by the wife and husband respectively assailing order dated 21.11.2014 passed in G.& W. case No.101 of 2012 by the III Additional Principal Judge, Family Court, Bengaluru. The said petition was filed by the wife (mother of minor child Aditya Rajiv Ratnam) under Sections 7 and 17 of the Guardians and Wards Act, 1890 (hereinafter referred to as ‘the Act’ for the sake of brevity) seeking appointment of herself as guardian of the minor child and to grant permanent custody to her. The said petition was contested by the husband/father of the child.

2. The mother of the child letin her evidence as PW1 and another witness (petitioner’s mother) was examined as PW2. She produced fifty documents which were marked as Exs.P1 to P50. The respondent/father of the child examined himself as RW1. He produced ninetyfive documents which were marked as Exs.R1 to R95. Thereafter, the Family Court raised the following points for its consideration:

    (i) “Whether the petitionermother is entitled to be appointed and declared as the guardian of the minor childMaster Aditya Rajiv Ratnam?

(ii) Whether the petitioner is entitled for permanent custody of the minor child?

(ii

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