Swapnil Bhajandas Kamble VS Sau. Manisha

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

VINAY JOSHI
Swapnil Bhajandas Kamble – Appellant
Versus
Sau. Manisha – Respondent

Advocates Appeared:
M.V.Rai, Advocate, K.J.Topale, Advocate

JUDGMENT

1. Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties.

2. Whether the father or the mother shall be preferred for temporary custody of a female chilled aged 5 years 5 month, is the short question for consideration in this petition. The petitioner/husband has challenged the impugned orders passed by both the Courts below directing to handover temporary custody of child to the respondent/wife. By invoking writ jurisdiction, petitioner/father has called in question the legality and sustainability of both impugned orders.

3. The petitioner got married with the respondent/wife on 7/9/2014. The parties are governed under the Hindu Law. The petitioner/husband was hailing from District Jalna whilst the parental house of the respondent/wife is at village Sangadi, District Bhandara. The petitioner was serving as a Scientist/Technecian at Hyderabad. Soon after the marriage, couple started to reside at Hyderabad. During Wedlock, they had a female child born on 2/1/2017. In the year 2020, after Dasera festival, the couple came to Jalana and thereafter, respondent alongwith her minor child stayed at her parental house due to di