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2022 Supreme(MP) 124

PRANAY VERMA
Akhilesh Anjana – Appellant
Versus
Kavita Anjana – Respondent


Advocates:
Sapnesh Jain for petitioners.

ORDER

1. By this revision preferred under section 115 of CPC the petitioners/non-applicants have challenged the order dated 30.10.2021 passed in MJC No.5/2021 by Iind Additional District Judge, Mahidpur, District-Ujjain whereby their application under Order 7 rule 11 of CPC for rejection of the petition filed by the respondent/applicant under section 7/25 of the Guardians and Wards Act, 1890 (which shall be referred herein after as “the Act, 1890”) has been rejected.

2. The respondent/applicant has filed an application under section 7/25 of the Act, 1956 before the Court below against the petitioners/non-applicants seeking custody of her minor child i.e. non-applicant No.2 namely Aditya Anjana. She has submitted that she and non-applicant No.1 were married on 30.1.2013. Out of their wedlock non-applicant No.2 was born who is presently aged 3 years and is living with non-applicant No.1. On disputes arising between them, on 2.3.2020 non-applicant No.1 asked the applicant to leave the matrimonial home and custody of non-applicant No.2 was refused to be handed over to her. Since the applicant refused to leave, non-applicant No.1 took her in a four wheeler and left her at her parents plac

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