ROHIT DANDEKAR Vs. RAJ KAVITHA

JUDGEMENT

(1.) BOTH the Appeals are preferred by Dr. Rohit Dandekar, who is the father of the ward, Paranukush by name, being aggrieved by the common Judgment and Order dated 6-2-2001 made on I. As 5 and 10 in M. C. No. 116 of 1999 on the file of the Court of the Principal Judge, Family Court, Bangalore, for short 'family Court'. The marriage between Dr. Raj Kavitha, the respondent herein and Dr. Rohit Dandekar was annulled by the Family Court on the ground of cruelty by Judgment and Decree dated 27-10-2000 and the said decree was allowed to become final.

(2.) IT appears when the proceedings were pending on the file of the Family Court, I. A. No. 5 was filed by the Appellant herein under S. 26 of the Hindu Marriage Act, 1955 seeking custody of the ward. The Family Court, however, did not pass any order on the application either during pendency of the proceedings or at the time of passing the final decree. After the decree was passed on 27-10-2000, the Respondent mother filed I. A. 10 under S. 26 of the Hndu Marriage Act, seeking custody of the ward. Both the applications were clubbed and heard together by the learned Family Judge and by the impugned common order, dismissed I. A. No. 5 filed by the father and allowed I. A. No. 10 filed by the mother.

(3.) WHILE doing so, the learned Family Court Judge, however, permitted the Appellant to visit the ward in Bangalore for a period of 15 days during summer vacation.