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Allahabad High Court · body

2005 DIGILAW 2260 (ALL)

Rahul Maheshwari v. Rashmi Maheshwari

2005-11-21

V.C.MISRA

body2005
V. C. MISRA, J. ( 1 ) ON the joint request of learned Counsel for the parties, this appeal is being disposed of finally at the admission stage. ( 2 ) HEARD Shri Murlidhar senior advocate assisted by Shri R. K. Ojha learned Counsel for the appellant-applicant and Shri C. L. Pandey learned Counsel for the respondent at length and perused the affidavit and counter-affidavit and rejoinder-affidavit. ( 3 ) THE order dated 21. 10. 2005, passed by the court below regarding the interim custody of the child, has been challenged by which the interim custody of 9 months old child has been given to the mother. I do not find any illegality or error apparent in the order of the court below, rather it is in the welfare of the child of 9 months to be looked after and taken care of by the mother instead of the father. ( 4 ) SHRI Murlidhar learned Counsel for the appellant has submitted that a short time may be provided to the father-appellant to handover the child to the mother-respondent. ( 5 ) IN the facts and circumstances of the case, the father-appellant is directed to handover the child to the mother-respondent within three days positively. The trial court is also directed to dispose of the entire matter within two months from the date of production of the certified copy of this order before the trial court and endeavour for conciliation between the parties. ( 6 ) UNDER the above said observations and facts of the case, the appeal is accordingly dismissed with no order as to costs. . .