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2020 Supreme(Raj) 399

SANGEET LODHA, PUSHPENDRA SINGH BHATI
Ishaq Mohd. S/o Shri Shafi Mohd. – Appellant
Versus
Mohd. Imran S/o Shri Chhotu Khan @ Chachi Bhai – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Khet Singh Rajpurohit
For the Respondent: Mr. Shambhoo Singh Rathore with Mr. Bharat Singh Rathore

JUDGMENT :

Pushpendra Singh Bhati, J.

1. This misc. appeal under Section 47 of the Guardians and Wards Act, 1890 read with Section 19 of the Family Courts Act, 1984 has been preferred claiming the following relief :

    “It is, therefore, most humbly prayed that this appeal may kindly be allowed and the order dated 01.07.2019 passed by the learned Family Court, Udaipur to the extent of rejection of custody to the appellants, may kindly be set aside and the application filed by the appellants under Section 25 of the Guardian and Wards Act may kindly be allowed in toto and the respondents may kindly be directed to hand over the custody of Master Mohd. Sultan to the appellants forthwith. Any other appropriate order which the Hon’ble Court deems fit and favourable to the welfare of the wards may kindly be passed in favour of the appellants.”

2. Brief facts of this case, as noticed by this Court, are that the appellants/applicants are grandfather and grandmother (maternal), and respondent No.1/non-applicant is father of the child and the respondents No.2 and 3/non-applicants are grandfather and grandmother (paternal). The current custody of the child, namely, Master Mohd. Sultan is with the re

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