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2021 Supreme(Bom) 516

A.S.CHANDURKAR, N.B.SURYAWANSHI
Iftekar – Appellant
Versus
Vakil Ansari – Respondent


Advocate Appeared:
For the Appellant :Shabana Diwan, Advocate
For the Respondents:Massod Shareef and Poonam Moon, Advocates

JUDGMENT :

N.B. Suryawanshi, J.

1. These two appeals filed under Section 19 of the Family Courts Act, 1984 (for short, "the said Act") take exception to the common judgment of the Family Court, Nagpur in Petition No. D-31 of 2015 and Petition No. D-55 of 2015, by which the Petition No. D-31 of 2015 filed by the appellants for custody of the child "Ashman" was dismissed and Petition No. D-55 of 2015 filed by the respondent nos. 1 and 2 for appointing them as guardian of minor was decreed. Since both these appeals challenge the common judgment, they are being decided by this common judgment. For the sake of convenience, the parties are referred by their first names.

2. Petition No. D-31 of 2015:

    i) Iftekar and Afsana filed this petition under Section 25 of the Guardians and Wards Act, 1860 for grant of custody of the child claiming that they were his biological parents. They pleaded that they had a love affair for eight years and they got married on 26.06.2013. The said marriage was performed without the consent of their parents. In the meantime, four years before their marriage, Iftekar was forcibly married with Shabnam. From the wedlock with Shabnam, daughter Asmira Fatema and son Iza

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