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2025 Supreme(Jhk) 1782

IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, RAJESH KUMAR
Prashanti Saha D/o. Late Gautam Sil – Appellant
Versus
Ranjan Saha, S/o. Gour Chandra Saha – Respondent


Advocates Appeared:
For the Appellant :Mr. Abhishek Kumar Dubey, Advocate
For the Respondent:Mr. Amit Kumar Sinha, Advocate

JUDGMENT :

SUJIT NARAYAN PRASAD, J.

1. The instant appeal has been filed under Section 19(1) of the FAMILY COURTS ACT , 1984 against the judgment and decree dated 13.07.2023 and 21.07.2023, respectively passed by the learned Principal Judge, Family Court, Chaibasa in Original Suit No. 24 of 2023 whereby and whereunder, the original suit filed by the respondent/petitioner has been allowed and the appellant/respondent no.1 was directed to handover the custody of her daughter (appellant No.2 herein) to the respondent/petitioner.

Factual Matrix

2. The brief facts of the case, as per the pleading made in the plaint is required to enumerated herein which reads as under.

3. The marriage between the appellant No. 1 and respondent was solemnized on 12.12.2010, as per provision of SPECIAL MARRIAGE ACT 1954. Out of their wedlock one daughter namely, Adiwitiya Saha was born on 08.05.2015.

4. In the month of August 2018, disputes and differences cropped up amongst the appellant no.1 and respondent and it was not possible for them to lead marriage life peacefully, thereafter an application under Section 13 (i)(ia)(ib) of H.M.A. and under Section 125 of Cr.P.C. for maintenance was filed by appell

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