SHEELA RANI Vs. RAGHAVENDRA RAJGOPAL

JUDGEMENT

(1.) This appeal is directed against Order dated 03/07/2012, passed in Misc.No.98/2011, arising out of M.C.No.842/2008, disposed on 21/04/2011, by the IV Addl. Family Court Judge at Bengaluru, being aggrieved by the custody of the minor child, Aarav Dwij, having been given to the mother of the child.

(2.) Briefly stated, the facts are that the appellant had filed M.C.No.842/2008, as against the respondent/husband under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act" for the sake of convenience), seeking dissolution of her marriage with respondent by a decree of divorce. By judgment and decree dated 21/04/2011, the marriage between the parties was dissolved and a decree of divorce was granted. Since there was no order made with regard to the custody of the minor child Aarav Dwij, who was then aged about seven years, an application was filed under Sections 26 and 27 of the Act seeking permanent custody of the minor child. The said application was numbered as Misc.No.98/2011. By order dated 19/06/2012, the said application was dismissed by considering it to be review of the judgment and decree, passed in M.C.No.842/2008, disposed on 21/04/2011. Being aggrieved, the mother of the child and wife of the respondent has preferred this appeal.

(3.) We have heard learned counsel for the appellant/wife, who has appeared in person and learned counsel for the respondent/husband through video conference.