Smt. Anubha Bansal vs Udit Bansal
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Allahabad High Court

Smt. Anubha Bansal vs Udit Bansal on 13 November, 2024

Author: Saumitra Dayal Singh

Bench: Saumitra Dayal Singh

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:178279-DB
 
Court No. - 39
 

 
Case :- FIRST APPEAL No. - 270 of 2016
 

 
Appellant :- Smt. Anubha Bansal
 
Respondent :- Udit Bansal
 
Counsel for Appellant :- Pramod Kumar Singh
 
Counsel for Respondent :- ,Vivek Saran
 

 
Hon'ble Saumitra Dayal Singh,J.
 

Hon'ble Donadi Ramesh,J.

1. Heard Shri Hemant Kumar along with Shri Pramod Kumar, learned counsel for the appellant and Shri Surya Shanker Pandey, learned counsel for the respondent.

2. The present appeal has been filed under Section 19 of the Family Courts Act, 1984 arising from the judgment and order dated 11.04.2016 passed by the Principal Judge, Family Court, Hapur in Case No.159 of 2009 (Smt. Anubha Bansal Vs. Udit Bansal), whereby the learned court below has rejected the application filed by the present appellant under Section 26 of the Hindu Marriage Act, 1955, whereunder the appellant claimed guardianship rights with respect to the minor daughter born to the parties namely Ms. Anvi. By a separate order passed today in Appeal No.174 of 2016 (Smt. Anubha Goyal Vs. Udit Bansal), we have maintained the custody/ guardianship of the minor son born to the parties in favour of the present appellant.

3. The minor daughter Ms.Anvi was born to the parties on 26.08.2011. She would be about 13 years of age by now. Since the parties have separated in the year 2013, she has remained in the custody of her father. Eleven years have passed since then. In view of the facts and circumstances noted in the separate order passed today in First Appeal No.174 of 2016, parties are agreed that the custody of the minor daughter born the parties may remain with the respondent, such that she may always accompany her father whenever he seeks to avail visitation rights vis a vis the son born to the parties, so that the appellant may enjoy her company as well. In addition, the respondent may also allow the appellant to visit her daughter on mutually agreed dates and time, including festivals and birthdays. This arrangement has been proposed by the Court and has been accepted by learned counsel for the parties keeping in mind the facts that the parties themselves continue in dispute with respect to their matrimonial relationship.

4. Accordingly, the present appeal stands disposed of.

Order Date :- 13.11.2024

A Gautam

(Donadi Ramesh,J.) (S.D. Singh,J.)