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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) PRINCIPAL SEAT AT GUWAHATI
ROBIN PHUKAN
Nasibur Rahman, S/o Nasirul Islam – Appellant
Versus
Momi Ara Ahmed, W/o Nasibur Rahman – Respondent
| Table of Content |
|---|
| 1. facts of the divorce and custody case. (Para 2 , 4) |
| 2. challenges to the ex-parte order and procedural faults. (Para 5) |
| 3. defense of the respondent and custodial considerations. (Para 6) |
| 4. court's reasoning on substituted service procedures. (Para 7 , 8 , 9 , 10 , 11) |
| 5. welfare of the child is paramount in custody decisions. (Para 12 , 13) |
| 6. dismissal of appeal and order for future motions. (Para 14 , 15 , 16) |
JUDGMENT :
Also heard Ms. S.E. Ahmed, learned counsel for the respondent.
2. In this appeal, under Section 47 of the Guardians and Wards Act, 1890, the appellant has challenged the ex-parte decree and order dated 03.10.2023, passed in Misc. (G) Case No. 8/2022, passed by the learned District Judge, Sivasagar, and the guardianship certificate, dated 09.11.2023, issued by the learned District Judge, Sivasagar.
3. For the sake of convenience and to avoid confusion, status of the parties as reflected in the petition filed before the learned District Judge, Sivasagar, is adopted herein this appeal.
4. The background facts, leading to filing of the present appeal, are briefly stated as under:
“The
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