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2011 Supreme(P&H) 1124

RAJESH BINDAL
Naveen Neb – Appellant
Versus
Rishu Arora alias Rishu Neb – Respondent


Advocates appeared:
Mr. Sudershan Goel, Advocate for the appellants.
Mr. Deepak Sibal, Advocate for the respondent.

JUDGMENT

RAJESH BINDAL, J. - The father and paternal grand parents of the child, namely, Aditya Partap Neb, whose custody is involved, have filed the present appeal challenging judgment dated 22.3.2010, of the learned Civil Judge (Senior Division), Gurdaspur in an application filed by the respondent-mother under the Guardians and Wards Act, 1890 (for short, `the Act').

2. Briefly, the facts are that marriage of appellant No. 1 was solemnised with the respondent on 9.12.2001. A male child, namely, Aditya Partap Neb was born out of the wedlock on 15.1.2004. Initially, the parties lived at Ludhiana. The parents of the father are based at Batala. Later on, parents of the child shifted to London in June/July, 2006. The child at that time remained with the grand parents. He was taken to London on 27.6.2008 by the mother, but was brought back by the father on 21.8.2008. Almost since then, both the husband and wife are residing separate, though in London. It is claimed by the mother that after the child was brought back by the father from London, though she visited India number of times but the paternal grand parents of the child did not allow her to meet him. She filed a Habeas Corpus pe




















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