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2020 Supreme(Kar) 2277

B.V.NAGARATHNA, N.S.SANJAY GOWDA
Savitha Seetharam – Appellant
Versus
Rajiv Vijayasarathy Rathnam – Respondent


Advocates Appeared:
Sri. Abhinav R., Sri. M. Sunil Sastry & Mrs. Champoo K.S., Sri. Rajiv Vijayasarathy Rathnam, Sri. Abhilesh J., Sri. Abhinav R., Sri. M. Sunil Sastry & Mrs. Champoo K.S., Advocates.

JUDGMENT :

B.V. NAGARATHNA, J.:— 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 let-in her evidence as PW-1 and another witness (petitioner's mother) was examined as PW-2. She produced fifty documents which were marked as Exs.P-1 to P-50. The respondent/father of the child examined himself as RW-1. He produced ninety-five documents which were marked as Exs.R-1 to R-95. Thereafter, the Family Court raised the following points for its consideration:

    (i) “Whether the petitioner-mother is entitled to be appointed and declared as the guardian of the minor child-Master Aditya Rajiv Ratnam?

(ii) Whether the petitioner is entitled for perma

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