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2023 Supreme(Del) 5874

SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Tirpat Singh Bansal – Appellant
Versus
Jagwant Kaur – Respondent


Advocates appeared:
In person with Ms. Seema Seth & Mr. Shreya Maggu, Advocates, for the Appellant.
In person with Mr. Bipul Kumar, Advocate, for the Respondent.

JUDGMENT

Suresh Kumar Kait, J.

1. The order dated 17.01.2023 passed by learned Family Court, Delhi in G.P. No.61/2020 titled as 'Jagwant Kaur vs. Tirpat Singh Bansal' has been assailed by the appellant in the present appeal. By the impugned order dated 17.01.2023, learned Family Court while deciding application under Section 12 of Guardians & Wards Act r/w Section 6 of the Hindu Minority & Guardianship Act, 1956 r/w Section 151 CPC in respect of interim custody of the minor girl child of the parties, has inter alia granted her interim custody to the respondent-wife.

2. The back forth of the case, as spelt out in the present appeal, are that the marriage between the parties was solemnised on 01.11.2017 as per Hindu Rites and ceremonies, and out of this wedlock, a girl child was born on 08.01.2019 at Dehradun, at the maternal home of respondent-wife.

3. The appellant in the present appeal has averred that respondent-wife who has been working as Geologist with the Geological Survey of India, has to spend about 100 days in the field in remote areas in a span of 8 months. The appellant has averred that on 07.01.2020, when respondent-wife was away due to field work and had carried the girl c

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