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2015 Supreme(P&H) 1257

AJAY KUMAR MITTAL, SNEH PRASHAR
Bimla – Appellant
Versus
Anita – Respondent


Advocates:
Advocate Appeared:
For the Appellant:Sandeep Singal, Advocate.

JUDGMENT

SNEH PRASHAR, J.

1. This appeal is directed against the judgment dated 12.02.2014 vide which a petition under Section 6 of the Hindu Minority and Guardianship Act, 1956 (for short the Act) filed by Anita-respondent against Bimla and others-appellants was allowed and the appellants were directed to hand over the custody of minor Aryan to the respondent, his mother, within two months from the date of order.

2. The relevant facts which need elaboration are as under:-

Anita averred that her marriage with Rajesh (since deceased) was solemnized on 18.04.2006 as per Hindu rites and ceremonies. The marriage was consummated and out of the wedlock, a son, namely, Aryan was born on 08.11.2007. Her husband Rajesh died on 30.09.2009 under suspicious circumstances and a criminal case under Section 306 read with Section 34 of the Indian Penal Code was registered against her on wrong facts. She stood trial and was acquitted by Learned Sessions Judge vide judgment dated 18.10.2011. Prior to that, a compromise had taken place in the presence of Sarpanch of Gram Panchayat of Village Ghilot Khurd on 15.09.2011 by virtue of which the custody of her son Aryan had been given to her mother-in-law Bi




















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