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2021 Supreme(Bom) 708

M.G.SEWLIKAR
Sow. Tejashri Ashok Awachar – Appellant
Versus
Ashok – Respondent


Advocates appeared:
Mr. S.R. Bagal, Advocate, for the Appellant / Mr. Shrimant Mundhe, Advocate, for the Respondent.

JUDGMENT

1. Heard.

2. Admit. Both these appeals are being disposed of by common order as they arise out of the same judgment.

3. Facts leading to these appeals can be stated succinctly as under :-

Appellant No. 1 in First Appeal no. 1178/2018 and the appellant in First Appeal No. 1774/2018 were wife and husband respectively. Their marriage was solemnised on 18.05.2001. For convenience, the appellant No. 1 in First Appeal No. 1178/2018 is hereinafter referred to as "appellant-wife" and appellant in First Appeal No. 1774/2018 is hereinafter referred to as "appellant-husband".

4. Appellants No. 2 and 3 in First Appeal No. 1178/2018 (respondents No. 2 and 3 in First Appeal No. 1774/2018) are the children born out of the wedlock. At the time of filing of the petition for custody under Section 25 of the Guardians and Wards Act, respondent No. 2 - daughter was 9 years of age and respondent No. 3- son was 5 years of age. It is an admitted position that the marriage of the appellants was dissolved by a decree of divorce by the competent Court. The appellant-wife and the children had filed Regular Civil Suit no. 32/2008 for partition. Against the decision in Regular Civil Suit No. 32/2018, the ap

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