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2024 Supreme(Del) 479

RAJIV SHAKDHER, AMIT BANSAL
Akhilesh Kumar Gupta – Appellant
Versus
Gupta Snizhana Grygorivna – Respondent


Advocates appeared:
Mr K.P. Mavi, Ms Chitra Gera and Mr Dinesh Pratap Singh, Advocates, for the Appellant; Mr Vivek Kohli, Senior Advocate with Ms Bhavya Bhatia, Mrs Nimita Kaul, Mrs Shivambika Sinha and Mr Gurveer Lally, Advocates for R-1. Mr Kirtiman Singh, CGSC with Mr Waize Ali Noor, Ms Shreya V. Mehra, Ms Vidhi Jain and Mr Kartika Baijal, Advocates for UOI. Ms Mehak Nakra, ASC (Civil) with Ms Disha Choudhary and Mr Abhishek Khari, Advocates for R-5, for the Respondent.

JUDGMENT

Amit Bansal, J. - The present appeal has been filed seeking setting aside of the judgment dated 23rd November, 2023 passed by the learned Judge, Family Court, Patiala House Courts, New Delhi (hereinafter referred to as "Family Court"), whereby the guardianship petition filed on behalf of the appellant/father (hereinafter referred to as "appellant") seeking custody of the appellant's son was dismissed.

2. Brief facts giving rise to the present appeal are as under:

2.1. The appellant was married to the respondent no.1 in Vinnytsia City, Ukraine on 18th November, 2000. From the said wedlock, two children were born; a female child on 24th November, 2002 and a male child on 12th February, 2019. Both the children were born in Ukraine and are thus, citizens of Ukraine by birth.

2.2. Subsequently, marital disputes arose between the parties and the respondent no.1 approached the Vinnytsia District Court seeking dissolution of the marriage. The marriage was dissolved vide Decision dated 6th May, 2021, passed by the Vinnnytsia District Court, Ukraine.

2.3. The appellant approached the Executive Committee, Vinnytsia City Council, seeking visitation rights in respect of their minor son, whi

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