REENA VIVEK SINHA Vs. PREETIMALA SINHA

JUDGEMENT

(1.) Heard the rival arguments at length on this Family Court Appeal challenging the judgment & order dated 28.5.2013 passed by the Judge, Family Court No. 7, Bandra, Mumbai. The impugned Judgment & Order was passed in Petition No. D-75 of 2012 preferred by the present respondent for declaration under Sections 6 & 7 of Guardian and Wards Act. The present appellant was the respondent in the said petition.

(2.) At the threshold it is to be mentioned that the impugned judgment & order was passed exparte under the premise that the present appellant, respondent therein, though served with summons, did not put her appearance. Factually without there being any representation from the present appellant, respondent therein, the impugned judgment and order was passed granting custody of the minor child with the petitioner therein i.e present respondent.

(3.) After considering the rival arguments, certain factual position is required to be mentioned in order to have proper perspective of the matter and for ascertaining whether this is a matter in which the impugned judgment and order is required to be set aside and whether it is just and proper to remand the matter back for hearing in accordance with law after hearing the present appellant and the respondent on merits.