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2019 Supreme(P&H) 2120

RAJAN GUPTA, MANJARI NEHRU KAUL
Darshan Malik – Appellant
Versus
Smt. Rajesh @ Radhesh – Respondent


Advocates Appeared:
Mr. Sushil Jain, Advocate for the Appellant; Dr. Anand Kumar Bishnoi, Advocate for the Respondent

JUDGMENT

Manjari Nehru Kaul, J. - The instant appeal has been preferred by the appellant impugning the judgment dated 30 th August, 2017, passed by the Ld. District Judge, Family Court, Gurugram (hereinafter referred to as 'Ld. Family Court'), vide which the petition of the appellant filed under Section 7 and 25 of the Guardian and Wards Act, 1890 read with Section 6 of the Hindu Minority and Guardianship Act, 1956, seeking custody of the minor sons, was dismissed.

2. A few facts necessary for adjudication of the case, as narrated in the petition filed by the appellant before the Ld. Family Court may be noticed. Marriage between the parties was solemnized on 15.11.2002 at Village Garauli Khurd, district Gurugram, as per Hindu rites and ceremonies. On the same day, the younger sister of the respondent-wife also got married to the younger brother of the appellant. After their marriage, parties lived and cohabited together as husband and wife at Village Sihi, Faridabad and two sons were born out of this wedlock on 21 st May, 2004 and 06 th January, 2006, respectively. Everything as per the appellant-husband was going on well in his marriage with the respondent-wife till 01.01.2007, whe

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