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2022 Supreme(Kar) 262

ALOK ARADHE, J. M. KHAZI
Sakshi Mittal W/o. Gaurav Rajendra Mittal – Appellant
Versus
Gaurav Rajendra Mittal – Respondent


Advocates Appeared:
Azhar Meer, Advocate, K.N. Phanindra, Advocate, Arun Govindraj, Advocate, Govindaraju L., Advocate.

JUDGMENT :

Alok Aradhe, J. –

1. This appeal emanates from judgment dtd. 28/2/2019 passed by the Family Court by which the petition filed by the appellant / wife under Sec. 7 of the Guardian and Wards Act, 1890 (hereinafter referred to as 'the Act' for short), has been dismissed, whereas the petition filed by the respondent / husband seeking appointment of guardian with respect of the children of the parties, has been allowed.

2. Facts giving rise to filing of this appeal briefly stated are that the marriage between the appellant and the respondent was solemnized on 15/7/2005 in Bengaluru. Out of the wedlock, a son namely Lakshya (hereinafter referred to as 'the son' for short) was born on 11/9/2006 and a daughter namely Pariniti (hereinafter referred to as 'the daughter' for short) was born on 1/3/2013. The appellant as well as respondent resided together till May 2016. The respondent, on 23/5/2016 noticed that the appellant is using another mobile phone for secret communications and secured the custody of the aforesaid phone of the appellant. The appellant thereafter, on 25/5/2016 left the matrimonial home and went to New Delhi. The conversation recorded between the appellant and t

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