KIRAN AMOL AMBHORE Vs. AMOL RAMDAS AMBHORE

JUDGEMENT

(1.) Heard. Admit. By consent of the parties, taken up for final hearing.

(2.) The appellantwife has put to challenge judgment and order dated 30.10.2013 passed by District Judge1, Akola in M. J. C. No. 29/2013 by which custody of child Aryan, aged 6 years has been ordered to be handed over to the respondenthusband.

(3.) The learned counsel for the appellantwife, challenged the impugned order on the ground that the learned District Judge did not make requisite enquiry before making the order of handing over custody of the son born out of the wedlock. According to the learned counsel for the appellant, she had authorised her Advocate to enter appearance and look after her interests in the said M. J. C. No. 29/2013, but her Advocate failed to appear in the said court. The District Judge proceeded ex parte and passed the impugned judgment and order. According to the learned counsel for the appellant, it was the fault of the Advocate of the appellant who neither appeared nor contested the proceeding.