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2023 Supreme(Online)(Bom) 10272

BENCH AT AURANGABAD
Sandipkumar C. More, J
Sandip s/o Babasaheb Dahiphale – Appellant
Versus
Sow. Ashwini Sandip Dahiphale – Respondent


Advocates:
For the Appellants/Petitioners: Mr. R. R. Karpe
For the Respondents: Mr. R. B. Temak

JUDGMENT :

1 The appellants, who are original respondents in Civil Misc. Application No. 05 of 2022, have challenged the order dated 16.08.2022, passed by the learned District Judge-2, Newasa, District Ahmednagar, (hereinafter referred to as “the learned trial Court”) in the aforesaid application whereby custody of present appellant no.4-Arohi is directed to be given to present Respondent i.e. original applicant.

2 The background facts are as under:

Appellant no.1 and Respondent are husband and wife, whereas, appellant no.4 is their daughter, presently aged about two and half years. Appellants no.2 and 3 are the parents of appellant no.1 and in-laws of Respondent-wife.

3 According to the Respondent-wife, she gave birth to Arohi on 20.08.2020. Since it was a female child, appellants no.1 to 3 started harassing her on getting dejected. They were also demanding amount of Rs.7 lakhs for construction of their house and ultimately on 13.12.2021, they drove the Respondent out of {3} their house by snatching Arohi from her. The Respondent-wife, therefore, fled application under Section 97 of the Code of Criminal Procedure for getting custody of Arohi, but the same was rejected by the concerned

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