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2024 Supreme(SC) 411

B. R. GAVAI, SANDEEP MEHTA
Nirmala – Appellant
Versus
Kulwant Singh – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Narender Hooda, Sr. Adv. Mr. Shaurya Lamba, Adv. Mr. Shiv Bhatnagar, Adv. Ms. Rashi Choudhary, Adv. Dr. Surender Singh Hooda, AOR
For the Respondent(s): Ms. Rukhmini Bobde, Adv. Mr. Kanwar Udai Bhan Singh Sehrawat, Adv. Mr. Kailashi Uday Kapoor, Adv. Ms. Neelam Singh, AOR Ms. Soumya Priyadarshinee, Adv. Mr. Amit Kumar Srivastava, Adv. Mr. Amlaan Kumar, Adv. Dr. Hemant Gupta, A.A.G. Ms. Payal Gupta, Adv. Mr. Shivang Jain, Adv. Ms. Nitikaa Guptha, Adv. Ms. Monica Anand Kumar, Adv. Dr. Monika Gusain, AOR

1. The present appeal is filed against the final judgment and order of the Punjab and Haryana High Court,1[Hereinafter, High Court] dated 23rd August, 2022. The High Court vide the impugned judgment allowed the petition filed under Article 226/227 of the Constitution of India, by the respondent No. 1 herein,2[Hereinafter, respondent-father] who is the father of the detenu/minor child and directed the appellant herein,3[Hereinafter, appellant-grandmother] i.e., the maternal grandmother to hand over the custody of the minor child to respondent-father.

2. Aggrieved by the impugned judgment, the appellant-grandmother has filed the present petition. Notice was issued by this Court on 23rd September, 2022 and it was directed that in the meantime, the child shall remain in the custody of the appellant-grandmother. Thereafter, leave was granted by this Court on 21st November, 2022 and the interim order was confirmed to last until the decision of this appeal.

3. The facts, in brief, giving rise to the present appeal, are as follows:

3.1 The marriage took place between Dr. Kulwant Singh (respondent-father) and one Sangeeta on 5th July, 2014. This marriage was the second marriage for both of the

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