Hon'ble Devi Prasad Singh, J.—This is an appeal under Section 28 of the Hindu Marriage Act 1955 read with Section 19 of the Family Courts Act 1984 against the judgment and order dated 11.5.2012 passed by Principal Judge, Family Court, Lucknow in Misc Case No. 128 of 2010 whereby a suit filed by respondent Vikas Agarwal, the husband of appellant No. 1 has been allowed directing the appellant to handover the custody of the child ‘Master Pratham Agarwal’ to the respondent plaintiff. It is not disputed that a regular suit No. 2252 of 2009 under Section 13 of the Hindu Marriage Act for divorce was filed by the respondent Vikas Agarwal. Suit was decreed by judgement and order dated 11.5.2012. An appeal preferred by the appellant No. 1 has also been dismissed as not pressed. Keeping in view the subsequent development, which has been brought to notice of the Court is that appellant Bharti Agarwal married to another person namely Shri Rahul Kailash Gupta and shifted to Maharashtra. It is also not disputed that Master Pratham Agarwal is residing at Allahabad alongwith his maternal grandfather (Nana) and pursuing his studies.

2. The marriage was solemnized between the parties on 17.1.