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2023 Supreme(Del) 3170

SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Ruchika Mazumdar – Appellant
Versus
Himanshu Mitra – Respondent


Advocates appeared:
Ms. Sujata Kashyap, Advocate along with Appellant in person.
Nemo, for the Respondent.

JUDGMENT (Oral)

1. The present appeal under Section 19 of the Family Courts Act has been filed by the appellant seeking setting aside of orders dated 16.09.2020 and 06.11.2020 passed by the learned Principal Judge, Family Courts, New Delhi in HMA No. 1821/2019, titled as Ruchika Mazumdar Vs. Himanshu Mitra."

2. Pertinently, the parties got married on 30.03.2015 and a child, namely, Master Abhirup, was born from this wedlock. The parties have been living separately since September, 2017 and the child has been in the custody of appellant-mother. The learned Principal Judge, Family Court vide order dated 16.09.2020 granted custody of the child to the respondent-father for every Saturday and Sunday. Aggrieved against the order dated 16.09.2020, the appellant filed an application seeking revocation of the same, which was dismissed by the learned trial court holding "there is no apparent error on the face of the record neither the order can be revocated or suspended or varied".

3. Being aggrieved, the appellant-mother knocked the door of this Court by filing the present appeal seeking quashing of the impugned orders and stay of proceedings before the learned trial

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