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2024 Supreme(All) 790

VIVEK KUMAR BIRLA, SYED QAMAR HASAN RIZVI
Dheeraj – Appellant
Versus
Chetna Goswami – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Satyendra Narayan Singh

JUDGMENT :

Syed Qamar Hasan Rizvi, J.

1. This Appeal under Section 19 of the Family Courts Act, 1984 arises out of the judgment and order dated 18.03.2024 passed by the Additional Principal Judge, Family Court No. 4, Ghaziabad in Misc. Case No. 15/2021 under section 25 of the Guardians and Wards Act, 1890 (Smt. Chetna Goswami versus Dheeraj).

2. The grievance of the appellant is that the learned Court below, vide impugned order dated 18.03.2024, has rejected his application filed under Order VII Rule 11 of the Code of Civil Procedure, 1908.

3. The relevant facts of the case, in brief, are that the respondent, Smt. Chetna Goswami filed a petition having Case No. 15 of 2021 under section 25 of the Guardians and Wards Act, 1890, before the learned Family Court at Ghaziabad seeking custody of her child, namely, Master Kunj having date of birth as 18.08.2013.

4. The case of the appellant as narrated in the writ petition is that after coming to know about the case through Court Notice published on 22.10.2021 in the newspaper ‘Rastriya Sahara’, he preferred an application under Order VII Rule 11 read with Section 151 of the Code of Civil Procedure, 1908, in Case No. 15 of 2021 pending before t

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