SANDIP Vs. ASHWINI SANDIP DAHIPHALE

JUDGEMENT

(1.) The appellants, who are original respondents in Civil Misc. Application No. 05 of 2022, have challenged the order dtd. 16/8/2022, passed by the learned District Judge-2, Newasa, District Ahmednagar, (hereinafter referred to as "the learned trial Court") in the aforesaid application whereby custody of present appellant no. 4-Arohi is directed to be given to present Respondent i.e. original applicant.

(2.) The background facts are as under:

(3.) According to the Respondent-wife, she gave birth to Arohi on 20/8/2020. Since it was a female child, appellants no. 1 to 3 started harassing her on getting dejected. They were also demanding amount of Rs.7.00 lakhs for construction of their house and ultimately on 13/12/2021, they drove the Respondent out of their house by snatching Arohi from her. The Respondent-wife, therefore, filed application under Sec. 97 of the Code of Criminal Procedure for getting custody of Arohi, but the same was rejected by the concerned Judicial Magistrate, First Class, Newasa. Further, the Criminal Revision Application arising out of said rejection, filed by the respondent-wife, also got dismissed. Thereafter, Respondent-wife was constrained to file aforesaid application, being Civil Misc. Application No. 05 of 2022 for custody of Arohi.