LAWS(KAR)-2023-1-1135

EKTA SINGH Vs. RAJEEV GIRI

Decided On January 31, 2023
Ekta Singh Appellant
V/S
Rajeev Giri Respondents

JUDGEMENT

(1.) This miscellaneous first appeal is filed under Sec. 47(C) of the Gurardian and Wards Act, 1890 (for short, 'the Act'), against the judgment and decree dtd. 3/3/2022 passed by the IV Addl. Prl. Judge, Family Court, Bengaluru (hereinafter referred to as 'the Family Court'), in G & WC.No.128/2018, wherein the Family Court has allowed the petition filed by the respondentfather under Sec. 25 of the Act and directed the appellant-mother to hand over the custody of the minor child to the respondent and further restrained the appellant from removing the child from the jurisdiction of the Family Court till the custody of the child is handed over to the respondent.

(2.) Heard the learned Senior Counsel for the parties and also perused the material available on record.

(3.) Brief facts of the case as revealed from the records which would be necessary for the purpose of disposal of this appeal are, the marriage of the appellant with the respondent was solemnized as per the Hindu rites and customs on 23/10/2011 and from the said wedlock, a girl child who was named Mayra Giri was born on 26/4/2015. Both the parties are Doctors by profession. It appears that the parties had come across each other through a marriage portal, and thereafter got married. At the time of marriage, the respondent's parents and his sister with her two years old daughter were staying with him and the appellant was fully aware of the same and she had allegedly consented for the marriage knowing that she had to reside with the respondent along with his family members.