JUDGMENT

1] This petition has been preferred under Article 227 of the Constitution of India being aggrieved by the order dated 28.06.2025 passed by the learned Additional Judge to the Court of Principal Judge, Family Court, District Indore in MJC/GW/99/2023 whereby learned Judge rejected the application filed by the petitioner.

2] Matter in brief, is that, the marriage of petitioner No. 1 and the respondent was solemnized on 29.04.2013 as per Hindu rituals which was later on dissolved on vide decree dated 21.06.2023 wherein the parties were granted divorce by mutual consent. The petitioner No. 2 a minor daughter was born in wedlock on 29.09.2018 and is presently residing with petitioner No. 1/wife as per the conditions of the mutual consent divorce. Despite the settled conditions of mutual divorce, the respondent has again filed an application under Section 25(1) and 12 of The Guardians and Wards Act, 1890 seeking the custody of the minor daughter/petitioner No. 2. The respondent during his examination-in-chief has placed on record, the alleged pen drive containing audio/video clips and telephonic conversation with the petitioners and grandparents. The petitioners filed an applicat