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2016 Supreme(MP) 737

SUJOY PAUL
Pulkit Dubey – Appellant
Versus
Shashank Dubey – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Shri Rajendra Mishra
For the Respondents: Shri Ashutosh Dubey

ORDER :

Sujoy Paul, J.

The petitioner No. 1 is paternal grand father of Master Shantanu Dubey son of respondent No. 1 and 2. In this petition filed under Article 227 of the Constitution, the grand father has challenged the order dated 01-04-2015 (Annexure P/5) whereby his application dated 12-12-2014 seeking modification of earlier order dated 20-05-2010 is rejected by the Court below.

2. The brief facts necessary for adjudication of this matter are that an application under the Guardians and Wards Act, 1890 was filed by the petitioner No. 1 before the Family Court, Jabalpur in respect of custody of minor child Shantanu. The respondents entered appearance and filed their response. The petitioner filed an application under Section 18 of the said Act seeking interim custody of the minor. The Court below after hearing the parties, passed a detailed order on 20-05-2010 (Annexure P/2). Accordingly, interim custody of minor was given to the petitioner No. 1. It was further directed that minor could be taken by his mother during school holidays but he has to be handed over to the petitioner No. 1 on opening of the school.

3. Shri Rajendra Mishra, learned counsel for the petitioner contends th









































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