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2018 Supreme(Online)(Chh) 779

IN THE HIGH COURT OF CHHATTISGARH
Sanjay K. Agarwal, J
Bharat Kripa Ram Sahu v. Chitralekha Bharat Sahu and Another


Advocates:
For the Appellants/Petitioners: Shri Shikhar Sharma
For the Respondents: Shri Praveen Dhurandhar

Table of Content
1. challenge to custody of minor. (Para 1 , 5 , 19)
2. arguments presented by both parties. (Para 6 , 7)
3. importance of child welfare. (Para 8 , 9 , 10)
4. criteria for custody decision. (Para 11 , 20)
5. affirming the trial court’s order. (Para 21 , 22 , 29)
6. dismissal of the appeal. (Para 30 , 31)

1. In this appeal, the challenge levied is to the order, dated 30.08.2017 passed by the First Additional Principal Judge, Family Court, Durg in Civil MJC No. 3/2016 vide Annexure A - 1 whereby and whereunder she ordered that respondent No.1 - Chitralekha Sahu is entitled to get the custody of the minor son, respondent No. 2 - Vedant Sahu.

2. This is admitted by the appellant that his marriage was solemnized with respondent No. 1 in Bhilai on 24.06.2009, out of their wedlock respondent No.2 was born on 03.09.2010; Respondent No.1 lived with him in his parental house at Deepak Nagar, Durg till 15.06.2010; during this period she became pregnant; he was convicted and sentenced for imprisonment for life in a murder case; he had preferred an appeal before this Court which is yet pending consideration; he has been released on bail by order of this Court, on 06.01.2013 he took resp

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