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2024 Supreme(Chh) 358

GOUTAM BHADURI, SANJAY S. AGRAWAL
Riyaz Mohammad S/o Ismail Sayed Mohd – Appellant
Versus
Sofia Khan W/o Riyaz Mohammad – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Tanmay Thomas, Advocate appears

JUDGMENT :

1) This appeal by the appellant/father under Section 19(1) of the Family Courts Act, 1984 read with Section 47 of the Guardians and Wards Act, 1890 arises out of an order passed on 14/08/2019 by the First Additional Principal Judge, Family Court, Raipur (C.G.) in a proceeding bearing CMC No.95/2017 wherein the application filed by the appellant/father for custody of the minor girl was dismissed.

2) Brief facts of the case leading to filing of an application under Section 25 of the Guardians and Wards Act by the appellant for the custody of his daughter Ku. Abru from the respondent/Sofia Khan-the mother, are that the parties were got married on 10/08/2009, thereafter the appellant went to Dubai and came back to India in 2013. Again the wife alongwith the husband went back to Dubai in 2013. The child was born on 19/02/2014 and thereafter in 2016 the mother came back with the child because of certain matrimonial dispute. Later on, the parties landed into a dispute regarding custody of the minor child. Once the husband forcibly took back the custody of the child which led to filing of a habeas corpus petition by the mother. By the order of this Court on 07/11/2016 the child wa

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