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2006 Supreme(MP) 469

S.SAMVATSAR, A.P.SHRIVASTAVA
RAM KISHORE SINGH – Appellant
Versus
NIRMALA DEVIKUSHWAHA – Respondent


Advocates Appeared:
ANIL MISHRA, R.K.SHARMA, V.K.AGRAWAL

A. P. SHRIVASTAVA, J.

( 1 ) THIS appeal is filed by the appellant under Section 19 of family Court against the order dated 15/7/2004 passed by Presiding Officer of the Family Court, Smt Prabha Khare in Case No. 2/02, by which the petition filed by the respondent No. . 1 under Section 25 of the guardians and Wards Act and allowed the petition by ordering to give the custody of minor to respondent No. 1.

( 2 ) IN short, the facts of the case are that the respondent No. 1 married with the son of the appellant in the year 1995, After marriage one son and one daughter were also born. On 30/10/2002, the husband of respondent committed suicide and after his death appellant taken away his minor son anup forcefully and kept in his custody. As respondent No. 1 is natural guardian so she is entitled to have the custody of the minor,

( 3 ) THE case of the appellant is that he has filed complaint against the respondent no. 1 regarding murder of his son (husband of respondent No. 1) and the Investigation is going on. Respondent No. 1 is responsible for murder of his son and the minor son anup was 'the only eye-witness in the incident. Therefore, respondent No, 1 want to take custody of the minor























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