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2022 Supreme(Chh) 176

GOUTAM BHADURI, SANJAY S.AGRAWAL
Deepa Nayak D/o Shri Tunatran Nayak – Appellant
Versus
Pitamber Nai S/o Shri Ravindra Nai – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri Sunil Sahu, Advocate
For the Respondent:Shri A.K. Prasad, Advocate

JUDGMENT :

Goutam Bhaduri, J.

Heard.

1. The instant appeal is preferred by the mother against the impugned judgment dated 28.01.2016 passed in Civil M.J.C. No.09/2014 by the learned Family Court, Mahasamund whereby the custody of the child is given to the respondent/father.

2. The brief facts of the case are that an application was filed under Section 25 of the Guardians and Wards Act, 1890 by the respondent/father seeking custody of the child namely Dheeraj Kumar, who was born on 12.12.2007. The background of the facts are that the appellant and respondent were married on 05.04.2007. They could not go along eventually a divorce by mutual consent was passed on 04.03.2013 and during such divorce proceedings it was agreed that the child would be in the custody of the mother/appellant herein. Subsequently, the instant application for custody of the child was filed after the child crossed 5 years on the ground that the mother is in company of different male and she used to travel along with other male member and the attire of the lady was not befitting to which would reflect that she had lost her chastity. So if the child is kept in her custody, there would be an ill effect to the mind of

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