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2023 Supreme(Kar) 209

M. NAGAPRASANNA
Joseph Kevin Selvadoray S/O Late J. E. Selvadoray – Appellant
Versus
Shabana Bukht D/O Mr. Afroze Bukht – Respondent


Advocate Appeared:
For the Petitioner:Sri Ravi B.Naik, Sr.Counsel For Smt.Vijetha R.Naik, Advocate
For the Respondent:Sri Sandesh J.Chouta, Sr.Counsel, Sri Yeshu Mishra And Sri Anoop Haranahalli, Advocates

ORDER :

The petitioner is before this Court calling in question order dated 13-10-2022 passed by the II Additional Principal Judge, Family Court, Bengaluru in G & WC No.288 of 2018 whereby the concerned Court rejects Interlocutory Application No.XX and has further sought for a direction seeking custody of minor child in equal proportion between him and his wife.

2. Heard Sri Ravi B Naik, learned senior counsel appearing for petitioner and Sri Sandesh J Chouta, learned senior counsel appearing for respondent.

3. Facts adumbrated are as follows:

The petitioner is the husband and respondent his wife. The two get married on 19-08-2005. From the wedlock a girl child is born on 04-01-2014. The child is now 9 years old. The relationship between the petitioner and the respondent/wife turns sour and the allegation is that the wife began to live separately along with the minor daughter. Owing to such dispute between the husband and the wife, the husband institutes proceedings before the Family Court in M.C.No.5570 of 2018 seeking judicial separation from the wife. The petitioner also files a petition invoking Section 12 of the Guardians and Wards Act, 1890 (‘the Act’ for short) before the II Add

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