ANAND DUBEY Vs. SARIKA DUBEY

JUDGEMENT

(1.) SINCE both the First Appeals arise out of the same judgment and order and similar controversy is involved, they are being decided by this common judgment and order.

(2.) THESE appeals, under Section 19 of Family Court Act, have been preferred against the order dated 30.11.2009 passed by Judge, Family Court, Dehradun in Misc. Case No. 116/2009 arising out of Original Suit No. 102/2004 between Anand Dubey vs. Smt. Sarika Dubey, connected with Original Suit No. 410/2009 between Smt. Sarika Dubey vs. Anand Dubey, pending in Family Court, Dehradun.

(3.) IT appears from the record that subsequently appellant Anand Dubey moved an application under Section 26 of Hindu Marriage Act for modification of the order dated 23.08.2007 on the ground that whenever respondent-Sarika Dubey visits Dehradun the child will meet her in his presence. At the same time, the respondent also moved an application for custody of the child on the ground \that she has permanently started living at Dehradun, therefore, the child be given in her custody.