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2022 Supreme(Jhk) 363

SHREE CHANDRASHEKHAR, RATNAKER BHENGRA
Rameshwar Soni, son of late Guni Soni – Appellant
Versus
Arun Soni, son of Suresh Soni – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mrs. Rashmi Kumar, Advocate
For the Respondent:Mr. Abhay Shankar Dayal, Advocate

ORDER :

Shree Chandrashekhar, J.

Rameshwar Soni who is the appellant and maternal grandfather of the minor Arush Soni is in appeal under section 19(1) of the Family Courts Act, 1984 against the judgment dated 6th December 2016 passed in Original Suit No. 03 of 2016.

2. By the said judgment, Original Suit No. 03 of 2016 was decreed and Rameshwar Soni was directed to hand over the custody of Arush Soni to his father within four weeks. The Principal Judge, Family Court, Gumla has however granted visitation rights to the maternal grandfather once in a week preferably on Sundays.

3. By an order dated 19th July 2017 the operation of the judgment passed in Original Suit No. 03 of 2016 was stayed by this Court.

4. The father of Arush Soni (hereinafter referred to as respondent) instituted the suit seeking an order of the Court declaring him as guardian of his son with a further direction to Rameshwar Soni to hand over the custody of Arush Soni to him. In the year 2010, Arun Soni was married with Suman Soni who is the eldest daughter of Rameshwar Soni and from the wedlock Arush Soni was born on 6th September 2011. The minor child was aged about 5 years at the time when Original Suit No. 03 of 20

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