JUDGEMENT
A.M.KHANWILKAR, J. -
(1.) The appellant had filed MAT Appeal (F.C.) No. 85/2020 in the High Court of Delhi at New Delhi
(2.) which stood withdrawn and transferred to this Court in light of other proceedings pending between the parties in this Court involving overlapping
issues, as per the consent order passed on 29.7.2020. That
appeal, filed by the appellant is against the judgment and orders
dated 21.9.2019 of the Principal Judge, Family Court, Patiala House, New Delhi, whereby the application filed by the
respondent4 for transposing her as petitioner in the petition filed
by the appellant declaring him as guardian of person of baby
Raina and appointing him as her guardian, came to be allowed
on the finding that the appellant had abandoned the petition. On
the same day, by a separate order, the respondent was appointed
as sole, exclusive and absolute guardian and custodian of minor
child.
2. Both the parties have resorted to multiple proceedings against each other, essentially emanating from the discordant marital relationship between them. Besides the guardianship petition filed by the appellant, the respondent had filed habeas corpus petition on two occasions and because of noncompliance of the directions issued by the Court regarding custody and visitation rights, both had to file contempt petition against each other. The appellant, as well as, his parents have also filed special leave petition(s) against the judgment of the High Court in habeas corpus petition(s) and contempt petition(s).
(3.) As aforesaid, during the hearing of the said proceedings, parties consented to the transfer of first appeal [MAT Appeal (F.C.) No. 85/2020] pending before the High Court against the
orders of the Family Court, dated 21.9.2019, which essentially
involves issue regarding guardianship. Besides, a divorce
petition is also pending between the parties.;
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