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2019 Supreme(All) 1936

SUDHIR AGARWAL, RAJEEV MISRA
Komal – Appellant
Versus
Arvind Kumar – Respondent


Advocates:
Advocate Appeared:
Sudhir Kumar Chandraul, Adv., Krishna Manohar Tiwari, Adv., Mahesh Sharma, Adv.

JUDGMENT :

RAJEEV MISRA, J.

1. Challenge in this appeal under section 47 of Guardian and Wards Act, 1890 (hereinafter referred to as 'Act, 1890'), wrongly mentioned as Section 19 Family Court Act, 1984 is to judgment dated 1.5.2017, passed by Principal Judge, Family Court, Baghpat, in Misc. Case No. 01 of 2013 (Smt. Komal Vs. Arvind Kumar), under section 25 of Act 1890 whereby claim of plaintiff mother for custody of her minor children has been rejected.

2. We have heard Mr. Krishna Mohan Tiwari, learned counsel for appellant and Mr. Mahesh Sharma, learned counsel for respondent.

3. It transpires from record that marriage of appellant was solemnized with respondent Arvind Kumar on 22.2.1999 in accordance with Hindu Rites and Customs. After marriage, appellant came to her matrimonial home and discharged her espousal obligations. Inspite of aforesaid, respondent and his family members did not extend love and affection to appellant. Their conduct towards appellant was vindictive and aspersions were cast upon her for not bringing sufficient dowry. The matrimonial bond however continued and from wedlock of appellant and respondent, a daughter namely, Chavi and a son namely, Nakul were born.

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