This judgment disposes of a first appeal regarding custody of a minor daughter under the Guardian and Wards Act. The court allowed the appellant's withdrawal of the appeal with liberty to work out a remedy elsewhere.
First Appeal No. 98 of 2019 dismissed as withdrawn with liberty to work out remedy.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Appellate Jurisdiction)
FA No. 98 of 2019
Md. Sajid Arfi, s/o Md. Khatir, r/o Village Kasiya, PO Kasiya, PS Karon, District Deoghar at present residing at Sil Road Chandmari, PO & PS Madhupur, District Deoghar. ...... Appellant
Versus
Anjum Aara Divorcee of Md. Sajid Arfi now w/o Faijrul Rahman, d/o Md. Lukman, r/o Village Barapansari, PO Babhangawan, PS Sarath, District Deoghar at present residing at Islambagh, Tilaiyatanr at rented house near Carmel School, PO & PS Madhupur, District Deoghar. ..... Respondent
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CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE RATNAKER BHENGRA
For the Appellant : Mr. A.K. Choudhary, Advocate For the Respondent : Mr. Sudhansu Kumar Deo, Advocate
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O R D E R
3rd November 2022
Per, Shree Chandrashekhar, J.
This First Appeal has been filed against the order dated 1st February 2019 and decree dated 20th February 2019 passed by the learned Principal Judge, Family Court, Deoghar in Guardian Suit No. 04/2017 whereby and whereunder by the judgment and decree the suit filed under section 10 of Guardian and Wards Act 1980 for custody and guardianship of minor daughter Rounak Jahan was dismissed.
Mr. A.K. Choudhary, the learned counsel for the appellant states that in view of observation made by the Family Court in paragraph no. 26 of the judgment dated 1st February 2019 passed in Guardian Suit No. 04/2017, on instructions, he seeks permission to withdraw the present First Appeal with liberty to the appellant to work out his remedy in accordance with law.
Accordingly, FA No. 98 of 2019 is dismissed as withdrawn.
(Shree Chandrashekhar, J.)
(Ratnaker Bhengra, J.)
RKM
1 issue framed by the court
Whether the withdrawal of the First Appeal permitted by the appellant should be allowed with liberty to work out remedy.
1 provisions across 1 enactments
Md. Sajid Arfi
Anjum Aara
Shree Chandrashekhar
Ratnaker Bhengra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
