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PATNA HIGH COURT
MR. P. B. BAJANTHRI, MR. SUNIL DUTTA MISHRA, JJ
Bimlesh Kumar – Appellant
Versus
Kapildev Narayan Ray – Respondent
| Table of Content |
|---|
| 1. custody petition details and background (Para 3 , 4 , 5) |
| 2. issues framed by the family court (Para 6 , 7) |
| 3. family court judgment rationale (Para 8) |
| 4. appellant's arguments for custody (Para 9 , 10 , 11 , 12) |
| 5. respondents' arguments against custody transfer (Para 13 , 18) |
| 6. emotional bond and current situation of the child (Para 15 , 16) |
| 7. paramount consideration of child's welfare (Para 19 , 20) |
| 8. guardian rights vs custody decisions (Para 21 , 22 , 23) |
| 9. precedents regarding custody decisions (Para 24 , 25) |
| 10. court's final remarks and order (Para 26 , 27 , 28) |
| 11. conclusion and compliance directions (Para 29 , 30 , 31) |
JUDGMENT
(Per: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA)
Date : 07-04-2025
Heard learned senior counsel for the parties.
2. The present Miscellaneous Appeal has been filed under section 19(1) of the Family Court Act , 1984 against the judgment dated 27.02.2020 passed by learned Principal Judge, Family Court, Sitamarhi in Guardianship Case No. 02 of 2018 whereby and where under the application under Section 25 of Guardians and Wards Act , 1890 for transfer of custody of minor female child from respondents to the appellant has been rejected with ce
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