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2024 Supreme(Chh) 274

GOUTAM BHADURI, RADHAKISHAN AGRAWAL
K. Kiran Kumar, S/o Shri K. Dharmarao – Appellant
Versus
Swaroopa W/o Kiran Kumar – Respondent


Advocates:
Advocate Appeared:
For the Appellant-husband :Dr. N.K. Shukla, Senior Advocate with Mr. Saurabh Dangi, Ms. Palak Dwivedi & Mr. Sajal Kumar, Advs.
For the Respondent-wife: Mr. Malay Shrivastava, Adv.

JUDGMENT :

Radhakishan Agrawal, J.

Goutam Bhaduri, J. (concurring)

1. This appeal is by the husband under Section 19 (1) of the Family Courts Act, 1984 (for brevity 'the Act of 1984') read with Section 47 of the Guardians and Wards Act, 1890 (for brevity 'the Act of 1890') against the judgment dated 06.03.2021 passed by the First Additional Principal Judge, Family Court, Durg, C.G. in Misc. Civil Suit No.24/2020, whereby the application filed by husband under Section 25 of the Act of 1890 has been dismissed.

2. (i) Brief facts of the case are that on 24.05.2014, marriage of the appellant-husband was solemnized with the respondent-wife according to Hindu Rites and Rituals at Vijaynagram, Andhra Pradhesh and out of their wedlock, Ku. Dakshata was born on 21.03.2015. It is alleged by the appellant that the respondent did not take care of her child and was always careless towards the child since birth. Upon consultation with psychiatrist, the appellant came to know that respondent is suffering from schizophrenia disease and thereafter she was taken to Citizen Hospital, Hyderabad where Dr. Anita Arya conducted her treatment for a long time. The respondent and her parents had left the child

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