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1997 Supreme(Pat) 531

ASOK KUMAR GANGULY
Usha Kumari – Appellant
Versus
Principal Judge, Family Court – Respondent


Judgment

A.K.GANGULY, J.

1. The subject-matter of challenge in this writ petition is an order dated 3rd January, 1995 passed by the Principal Judge, Family Court, Patna. By the said order the Principal Judge, Family Court, Patna passed an order on the petition of the husband under Sec. 26 of the Hindu Marriage Act for the custody of the child. The concluding portions of the said order about the custody of the child are set out :

"In view of the above, the petition of the petitioner u/S. 26 of the Hindu Marriage Act is allowed and the father petitioner is held entitled to the custody of the child Vibhav. The mother respondent is directed to hand over the child Vibhav to the petitioner, but it is further directed that during holidays i.e. summar vacation and Durga Puja vacation the child Vibhav will remain with the mother respondent. The father petitioner will produce the child in the Court before the beginning of the school holidays for handing over to the mother and after the holidays are over the mother will produce the child in the Court to be handed over to the father. The father petitioner will also produce the child Vibhav in Court on every alternate date so that the mother res


















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