Priyanka Sunil Kadam vs Sunil Gangaram Kadam
2021 Latest Caselaw 15182 Bom

                                                                          939.WP.11284.21.odt


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD

                            WRIT PETITION NO.11284 OF 2021

                              PRIYANKA SUNIL KADAM
                                        VERSUS
                            SUNIL GANGARAM KADAM
                                           ...
                    Advocate for Petitioner : Ms. Ranjana D. Reddy
                                           ...
                                  CORAM        :   MANGESH S. PATIL, J.

                                    DATE     :   21.10.2021

PER COURT :
                 Heard.

2. The petitioner is the mother of the child stated to be aged 14 years challenging the judgment and order passed by the learned District Judge in a proceeding initiated by the respondent, who is the father of the child, under Section 6 of the Guardians and Wards Act, read with Section 8 of the Hindu Minority and Guardianship Act, whereby, declaring him entitled to have custody of the child.

3. Apparently, the child is in the custody of the petitioner who is his mother and natural guardian. Irrespective of the fact that even the respondent is a natural guardian being a father, the child is aged 14 years and has been in the custody of the petitioner till date.

4. Considering the above state of affairs, issue notice to the respondent, returnable on 16.12.2021. Till then operation of the impugned judgment and order shall stand stayed. In addition to the regular mode of service, the petitioner shall serve the respondent privately by Registered Speed Post.

(MANGESH S. PATIL, J.) habeeb