BHAGWATI PANDEY Vs. SHYAM NARAYAN PANDEY

JUDGEMENT

(1.) Heard Smt. Abha Gupta, learned counsel for the plaintiff-appellant and Shri P.K. Tripathi, learned counsel appearing for defendant-respondent No.1, the main contesting party, both of whom consented for the final disposal of the appeal.

(2.) Plaintiff-appellant Smt. Bhagwati Pandey has preferred this appeal under Section 47 of the Guardians and Wards Act, 1890 (hereinafter for short Act) against the order of the Family Court dated 13.10.09 directing for the return of the plaint for presentation before the proper court of jurisdiction.

(3.) The plaintiff-appellant claims to be a legally wedded wife of defendant-respondent No.1 Shyam Narain Pandey. She is said to have married him on 22.1.93 at Kanpur. It is also said that from the said wedlock a son Shubham @ Himanshu was born to them on 15.3.94 at Haldwani. He was removed from the custody of the plaintiff-appellant on 10.5.1994 at a tender age of one month 25 days while she was living at Kanpur.