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2022 Supreme(Chh) 457

GOUTAM BHADURI, RADHAKISHAN AGRAWAL
Devnath Ratre son of Samaliya Ratre – Appellant
Versus
Malti Ratre wife of Devnath Ratre – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. A. D. Kuldeep, Advocate
For the Respondent:Mr. Anil Singh Rajput, Advocate

JUDGMENT :

Radhakishan Agrawal, J.

1. This appeal is by the husband under Section 19 of the Family Courts Act, 1984 (for brevity ‘Act of 1984’) against the order dated 09.10.2018 passed by 2nd Additional Principal Judge, Family Court Raipur, Chhattisgarh in C.M.C. Case No.153 of 2015 whereby application filed by husband under Section 8 of the Guardians and Wards Act, 1890 (for brevity 'Act of 1890') for grant of guardianship of his daughter, namely, Ku. Nikita from the wife was dismissed.

2. The facts of this case are that the appellant Devnath Ratre and respondent Smt. Malti Ratre got married on 26.04.2009 according to the Hindu Rites and Rituals. After the marriage, wife joined the company of husband and from the wedlock, one girl child, namely Ku. Nikita was born on 28.03.2010. After birth of a female child, some dispute arose between them. Subsequently, the relation in between husband and wife entered into rough weather and blame game started. In the year 2011, wife left her matrimonial home and went away with her child to her maternal house at Raipur. Thereafter, counseling proceedings took place, but eventually, it failed and they started living apart.

3. Wife also filed a petiti

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