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2023 Supreme(Del) 3323

SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Vikram Lal – Appellant
Versus
Pooja – Respondent


Advocates appeared:
Appearance not given, for the Appellant.
Mr. Ravi Rai, Advocate, for the Respondent along with respondent in person.

JUDGMENT (Oral)

1. The present Appeal under Section 19 of the Family Courts Act, 1984 read with Section 151 of the Code of Civil Procedure, 1908 has been filed by the appellant/father against the Order dated 05.04.2023 passed in GP No. 10/2023 by the learned Judge, Family Courts, Tis Hazari, Delhi vide which the custody application filed by the respondent/mother under Sections 7 and 25 of the Guardians and Wards Act, 1890 seeking custody of the child was allowed.

2. The relevant portion of the impugned Order dated 05.04.2023 is as under:

    "Hence, keeping in mind all the facts and circumstances, the respondents are directed to give the custody of the subject child to the petitioner-mother on 12.04.2023 at 11:00 AM before Court Counselor Ms. Sarika Saini, attached with this Court. During hearing, the child was found to be equally comfortable with the respondents also, therefore, to ensure that the child gets love & affection of both his parents and grandparents, the overnight visitation rights are given to the respondents and accordingly the petitioner-mother is directed to give the custody of the child to the respondent no. 1 on every first & third Saturday of the month at 05:00 PM

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