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2022 Supreme(Raj) 2319

SANDEEP MEHTA, FARJAND ALI
Mubarik – Appellant
Versus
Rasida Presently – Respondent


Advocates appeared:
I.R. Choudhary, Advocate., for the Appellant
Saurabh Soni, Advocate., for the Respondents

JUDGMENT

1. Notice issued on an application under Section 5 of the Limitation Act for condoning the delay occurred in filing of the appeal has duly served. Shri Saurabh Soni, Advocate puts in appearance on behalf of the respondents. Thus, service is complete. It is pointed out that there is delay of 24 days in filing the appeal.

2. Heard on application for condonation of delay. For the reasons and grounds mentioned in the application, supported with an affidavit, the same is allowed. Let the appeal be treated within limitation.

3. With the consent of the learned counsel for the parties, the matter is heard finally at the stage of admission.

4. The instant appeal under Section 47 of the Guardians & Wards Act, 1890 read with Section 19 of the Family Courts Act has been filed against the order dated 16.05.2018 passed by the learned Family Court, Churu in Family Case No. 413/2014 (353/2013) whereby the application for custody of ward of the appellant has been dismissed.

5. Bereft of elaborate details, succinctly stated the facts of the case are that marriage of the appellant-Mubarik was solemnized with the respondent No. 1-Rasida on 22.05.2001 and from their wedlock a baby boy named Master

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