JUDGMENT :

Goutam Bhaduri, J.

Heard.

1. Present appeal is against the judgment dated 13/12/2023 passed by the Judge, Family Court, Dantewada wherein an application filed by the appellant claiming custody of their child which according to the appellant was begotten out of the relationship with non-applicant was claimed, was dismissed at the threshold.

2. The case of the appellant is that the appellant follows the muslim rituals and non-applicant is governed by the hindu law. The application would show that they were in live in relationship for three years, thereafter, in the year 2021 without conversion, they got married. According to the averments, the non-applicant/respondent was his second wife as he was married earlier and from first wife he had three children. The appellant contended that the child was born out of their relation on 31/08/2021. All of a sudden, according to the appellant on 10/08/2023, he discovered that the non-applicant along with the child is missing. Thereafter, he enquired about the whereabouts and a habeas corpus petition was filed before the High Court bearing number WPHC No.25/2023. According to the averments of the petition, the non-applicant appeared along