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2023 Supreme(Del) 5968

NAVIN CHAWLA
Debarati Bhunia Chakraborty – Appellant
Versus
Suman Sankar Bhunia – Respondent


Advocates appeared:
Ms.Ruchi Kohli, Ms.Chitrangada Rastravara, Ms.Shrishti Mishra, Mr.Aishwary Mishra & Mr.Dhananjai Shekhawat, Advocates, for the Petitioner.
Mr.Prosenjeet Banerjee, Ms.Akriti Anand, Mr.Sarthak Bhardwaj & Ms.Anshika Sharma, Advocates, for the Respondent.

JUDGMENT

1. This petition has been filed under Article 227 of the Constitution of India challenging the order dated 17.07.2023 (hereinafter referred to as the `Impugned Order') passed by the learned Judge, Family Court, Patiala House Courts, New Delhi (hereinafter referred to as the `Family Court') in GP No. 22/2021, titled Suman Sankar Bhunia v. Debarati Bhunia Chakraborty, dismissing the application filed by the petitioner herein seeking permission of the learned Family Court to relocate along with her children to the United Kingdom (hereinafter referred to as the `UK').

2. The learned counsel for the respondent, at the outset, challenges the maintainability of the present petition by contending that the petitioner has an alternate and efficacious remedy in the form of an appeal under Section 19 of the Family Courts Act, 1984 (hereinafter referred to as the `Family Courts Act').

Submissions of the Learned Counsel for the Respondent:

3. The learned counsel for the respondent has contended that in pith and substance, the relief claimed by the petitioner herein before the learned Family Court was one relatable to Section 26 of the Guardians and Wards Act, 1890 (hereinafter referred to a

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