Sujit Vasantrao Karad v. Rekha Sujit Karad
Case brief
What is this about?
A father appealed against dismissal of his Guardians and Wards Act petition for custody of his minor son held by the mother since birth. The court held no drastic circumstance disentitled the natural guardian father, reversed the Family Court order, granted him custody after the child's midterm examination, with visitation for the mother.
What did the court decide?
Custody of child Shivraj Sujit Karad granted to appellant father after Oct/Nov 2024 mid-term exams; mother to get Sunday and vacation visitation; operation stayed four weeks.
What the court decided
2024:BHC-AUG:25501-DB
1033.FCA.40.21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
FAMILY COURT APPEAL NO.40 OF 2021 WITH CA/11705/2022 IN FCA/40/2021 WITH CA/11037/2021 IN FCA/40/2021
Advocate for Appellant : Mr. B.R. Kedar Advocate for respondent : Mr. A.N. Nagargoje
ORDER (MANGESH S. PATIL, J.) :
This is an appeal under Section 19 of the Family Courts Act, 1984 by the father of child who by now is aged 8 years, under the provisions of Section 10 read with Section 25 of Guardians and Wards Act, 1890 (G&W Act) read with Section 6 of the Hindu Minority and Guardianship Act, 1956 (herein after M&G Act) for his custody, who is currently in the custody of the respondent - biological mother, being aggrieved and dissatisfied by the judgment and order of the Family Court, Latur, dated 18.02.2021, whereby his petition was dismissed.
- Learned advocate for the appellant vehemently submits that pursuant to the definition of guardian under Section 6, the petitioner
1/10
1033.FCA.40.21.odt
Issues for consideration
2 issues framed by the court
Whether the biological father, as natural guardian under Section 6 M&G Act, is entitled to custody of his over-5-year-old son despite the mother's custody since birth.
Whether the circumstances relied on by the Family Court (inconsistent income stands, second marriage/stepmother, residence and schooling) disentitle the father from custody.
Parties & counsel
- appellant
Sujit Karad
- respondent
Respondent - biological mother of the child
Coram
Shailesh P. Brahme
Case details
As recorded by the court registry
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