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2018 Supreme(Del) 903

HIMA KOHLI, DEEPA SHARMA
ABHIMANYU PORIA – Appellant
Versus
RAJBIR SINGH – Respondent


Advocates Appeared:
For the Appellant :Mr. Y.P. Narula, Senior Advocate with Mr. Neeraj Kumar Jha, Mr.Yash Prakash, Mr. Hrishikesh Jha and Mr. Abhay Narula, Advocates
For the Respondent:Mr. V.K. Garg, Senior Advocate with Mr. Jinendra Jain, Ms. Noopur Dubey, Ms. Aishwarya Laxmi and Mr. Chirag, Advocates

JUDGMENT :

HIMA KOHLI, J.

1. In this appeal, the appellant/father has challenged an order dated 29.04.2017 passed by the learned Family Court, North, Rohini, Delhi, disposing of an application moved by him under Section 12 of the Guardians and Wards Act, 1890 (hereinafter referred to as “the Act, 1890”), seeking the interim custody of his minor daughter, Baby Smridi Singh, aged 7 years and 9 months, as on date and arrayed as respondent No.3, who is presently in the custody of her maternal grandparents, respondents No.1 and 2 herein. By the impugned order, the learned Family Court has declined the relief of interim custody of the respondent No.3 to the appellant and instead, allowed the alternative prayer made in the application by granting him visitation rights in respect of the minor child, twice a month.

2. The factual matrix of the case needs to be delineated. On 01.07.2009, the appellant had got married to Priyanka, daughter of the respondents No.1 and 2, who was a dentist by profession, as per the Hindu rites. The couple were initially residing in Sector 7, Rohini, Delhi, but subsequently, they had shifted to the residence of the respondents No.1 and 2 at Gurgaon. They were bless































































































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