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2014 Supreme(Bom) 606

A.B.CHAUDHARI
Sau. Archana Rameshwar Shingane – Appellant
Versus
Rameshwar Vishnu Shingane – Respondent


Advocates Appeared:
For the Appellants:R.A. Haq, S.J. Kadu, Advocates.
For the Respondent:H.S. Chitaley, holding for A.A. Naik, Advocates.

JUDGMENT

1. Heard. Appeal is taken up for final disposal.

2. Being aggrieved by the Judgment and Order dated 23rd January, 2013 passed by the Principal District Judge, Buldana, in Guardian & Ward Case No. 10 of 2011, by which the learned District Judge allowed the said Guardian & Ward Case No. 10 of 2011 and directed handing over of custody of the daughter - Ku. Sheetal, aged ten years, to the respondent - Rameshwar, husband, from the appellant - Mrs. Archana, wife, the present appeal has been filed by wife.

3. In support of the appeal, learned counsel for the appellant argued that the impugned Judgment and order shows contradictory reasons and is in contravention of the settled principles in the matter of handing over of custody of the daughters or girl children, that too in a case where the husband re-marries and has a son from the second marriage. According to him, the learned District Judge has ignored that the paramount consideration in such cases is the welfare of the girl child, and the learned District Judge has gone by surmises and conjectures to make an order of handing over of custody of a girl child. He, therefore, submitted that the said order deserves to be set aside.















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