Nagesh Kumar Kushwaha vs Smt. Anita Kushwaha
2023 Latest Caselaw 16773 MP

                                                           1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                        BEFORE
                                            HON'BLE SHRI JUSTICE SHEEL NAGU
                                                           &
                                             HON'BLE SHRI JUSTICE HIRDESH
                                              ON THE 10 th OF OCTOBER, 2023
                                               FIRST APPEAL No. 541 of 2020

                           BETWEEN:-
                           NAGESH KUMAR KUSHWAHA S/O SHRI SITARAM
                           KUSHWAHA, AGED ABOUT 29 YEARS, OCCUPATION:
                           PRIVATE GARDNER H.NO.1238 NEW BASTI NEAR CHOTI
                           KHERMAI KAJARWARA P.S. GORABAZAR DISTT.
                           JABALPUR (MADHYA PRADESH)

                                                                                     .....APPELLANT
                           (BY SMT. SMITA VARMA - ADVOCATE)

                           AND
                           1.    SMT.  ANITA    KUSHWAHA   W/O   NAGESH
                                 KUSHWAHA W/O RAMESH KUSHWAHA, AGED
                                 ABOUT 27 YEARS, NIPANIA CHOWRAHA NEAR
                                 AIRTEL CHOWRAHA BASTI NO.1 P.S. CITY
                                 KOTWALI DISTT. REWA (MADHYA PRADESH)

                           2.    BUTAN KUSHWAHA W/O RAMESH KUSHWAHA,
                                 AGED ABOUT 52 YEARS, R/O NAI BASTI NEAR
                                 NIPANIYA CHAURAHA, WARD NO.1 NEAR AIRTEL
                                 TOWER P.S. CITY KOTWALI DISTRICT REWA
                                 (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                           (BY SHRI VIVEK BADERIYA - ADVOCATE FOR R/1 & R/2)

                                 This appeal coming on for admission this day, Justice Hirdesh passed
                           the following:
                                                            ORDER

The present first appeal has been filed by the appellant against the judgment and decree dated 18.02.2020 passed by the Principal Judge, Family Signature Not Verified Signed by: SHUBHAM THAKKER Signing time: 12-10-2023 17:03:57

Court, Jabalpur in MJC No.10/2019, by which the trial Court partially accepted the application under Section 25 of Guardians and Wards Act, 1890 read with Section 6 of Hindu Minority and Guardianship Act, 1956.

2. During the pendency of this first appeal, the mediation proceedings commenced between both the parties and mediation report is received.

3. From the perusal of mediation report, it is found that both the parties have consented to resolve their dispute and mediation is successful.

4. Today, learned counsel for both the parties submitted that they are agreeing with mediation report and prayed to pass the order according to the mediation report.

5. So, after perusal of report of mediation, the order dated 18.02.2020 passed by the Principal Judge, Family Court, Jabalpur in MJC No.10/2019 is set aside and following order is passed :

1 . Both the parties mutually agreed that their son Naveen Kushwaha, who is aged about 10 years will stay along with his mother- Smt. Anita Kushwaha and will complete his education while staying with his mother. Meaning thereby, the custody of child will remain with the mother -Anita Kushwaha.

2. Both the parties also agreed that their son Naveen Kushwaha would spend half of his total summer holidays with his father Nagesh Kumar Kushwaha and the responsibility of his to and fro expenses will also be on his father Shri Nagesh Kumar Kushwaha.

3 . Both the parties further agreed that their son Naveen Kushwaha will spend the entire Christmas holidays of December month with his father- Nagesh Kumar Kus hwaha, the responsibility of his to and fro expenses will also be on his father Shri Nagesh Kumar Kushwaha.

6. With the aforesaid observation, the appeal is disposed of.

                             (SHEEL NAGU)                                                      (HIRDESH)
Signature Not Verified
Signed by: SHUBHAM
THAKKER
Signing time: 12-10-2023
17:03:57

                                  JUDGE       JUDGE
                           Shub




Signature Not Verified
Signed by: SHUBHAM
THAKKER
Signing time: 12-10-2023
17:03:57