AAKANSHA ROY RASMUSSEN Vs. ADWAIT ANIL DIXIT

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 02.01.2015, whereby the Family Court, Bandra has dismissed the Misc. Application No. 34 of 2014 filed by the above appellant and directed the appellant to hand over the custody of the child to the respondent forthwith.

(2.) THE parties to this appeal are the parents of the minor girl child, who is a victim of a bitter custody battle between the parents. The child who is 13 years old is studying in 8th standard at Chinmaya Vidyalaya, Boisar. Being aware of the trauma faced by the child victims in such cases, we did attempt to persuade the parties to arrive at an amicable settlement. The sole intention was to alleviate the pain of the child in having to show preference to one of the parents thereby having to endure the hurt of having betrayed the other parent, whom she loves equally. Having failed in this task, we are left with no other alternative but to decide the matter on merits. Shorn of all unnecessary details, a brief narration of facts, is as under: -

(3.) IN the due course, the mother i.e. the appellant herein migrated to Denmark and married a Danish national, while the respondent father remarried a widow having a minor daughter from the first marriage. The child continued to live with her father, stepmother, and stepsister.