RANJAN KUMAR GUPTA Vs. PUJA DEVI

JUDGEMENT

(1.) Heard the parties.

(2.) This Civil Miscellaneous Application has been filed under Article 227 of the Constitution of India for setting aside the order dtd. 31/1/2017 passed by the learned Principal Judge, Family Court, Patna in Matrimonial Case No. 930 of 2015 whereby petitioner / husband has been directed to hand over the custody of the minor child to the respondent / wife.

(3.) The brief facts of this case are that the petitioner and respondent are husband and wife. Their marriage was solemnized on 15/12/2010 according to Hindu Rites and Customs at Patna. Out of the aforesaid wedlock a female child was born on 7/2/2012. Matrimonial relations between the petitioner (husband) and respondent (wife) were not cordial and disputes and differences having developed between the parties and the marriage had broken down so both the parties decided to dissolve the marriage by decree of divorce and filed a joint petition under Sec. 13-B of Hindu Marriage Act, 1955 on 21/8/2015, before the Court of learned Principal Judge, Family Court, Patna. The parties have agreed that the husband will pay Rs.5.00 lacs to his wife as full and final settlement and the minor girl will remain with her father. On 5/3/2016, as per their agreement the petitioner paid Rs.5.00 lacs to respondent / wife and the minor child was handed over in the custody of the petitioner / husband. On that day, the parties were examined and the case was fixed for judgment on 1/4/2016.