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J. J. MUNIR
Farah Fatma – Appellant
Versus
Tipu Sultan – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Parvez Iqbal Ansari, Sumit Daga
For the Opposite Party : Santosh Kumar Tiwari, Gaurav Sharan Srivastava, Rajesh Kumar Srivastava

JUDGMENT :

Parties have exchanged affidavits.

2. Admit.

3. By consent of parties, heard forthwith.

4. Heard Mr. Sumit Daga, learned Counsel for the applicant and Mr. Gaurav Sharan Srivastava, learned Counsel appearing on behalf of the opposite party.

5. This application has been filed on behalf of the wife, seeking transfer of G.W. Case No. 6 of 2019, Tipu Sultan v. Smt. Farah Fatma, under Section 25 of the Guardians and Wards Act, 1890[“the Act of 1890” for short] from the Additional Principal Judge, Family Court, Maharajganj to the Family Court at Ghaziabad.

6. It is the applicant’s case that the parties’ marriage was solemnized on 25.12.2014 and a son was born of the wedlock of parties on 04.12.2015. The marriage ran into rough waters, leading to divorce on 23.07.2017. It is the applicant’s case that as per settlement between parties, their son was to stay with the mother and is, accordingly, residing with her. That after divorce, the opposite party remarried on 27.12.2017, and the applicant also remarried on 26.08.2018. The applicant’s case is that in order to harass her, the opposite party has moved an application under Section 25 of Act of 1890, seeking custody of the parties’ mino

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