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2014 Supreme(P&H) 1447

AJAY KUMAR MITTAL, SNEH PRASHAR
Neelam – Appellant
Versus
Man Singh – Respondent


Advocates:
For the Appellant :Madan Pal, Advocate
For the Respondents:S.K. Verma, Advocate

Sneh Prashar, J.

1. The present appeal under Section 10 of the Guardian and Wards Act, 1890 (for short "the Act of 1890") was filed by appellant-Neelam assailing the order dated 09.05.2008 of Civil Judge (Senior Division), Kaithal by virtue of which her petition seeking directions to Man Singh and his wife Murti Devi (respondents) to hand over to her the custody of her minor daughter Muskan, was dismissed. The facts gathered from the record are as under:

Appellant-Neelam was married to Subhash Chander (since deceased) son of Man Singh (respondent No. 1) about 7 years prior to the date of institution of the petition. A daughter namely-Muskan was born out of the wedlock on 28.02.2002. Unfortunately Subhash Chander died on 15.10.2005 at Karnal.

The appellant alleged that after the death of her husband a false case under Section 306 of the Indian Penal Code was got registered against her by her parents-in-law/respondents. She was taken in custody and in her absence her daughter Muskan, who was at her parental village Jundla, fell ill and was taken away by the respondents to their village, Sirsal.

Pleading that she had since been released on bail and that the behavior of the respondents wit






















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