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Judgment
Vivek Rusia, J
Heard learned counsel for the parties through video conferencing. Petitioner has filed the present petition seeking temporary custody of his daughter
for the purpose of attending the marriage function in his family between 27.11.2020 to 30.11.2020. For the aforesaid purpose, petitioner filed an
application before the Family Court in a pending proceeding but the Family Court has deferred the hearing after 30.11.2020, therefore, petitioner has
approached this Court by way of this petition.
Although in the application (IA No.3537/2020) various reasons have been given seeking temporary custody of the child. The petitioner has also filed a
petition under section 9 of the Hindu Marriage Act. Petitioner and respondent entered into the wedlock on 24.07.2009 and lived together for almost 10
years, the respondent gave birth to a girl child on 06.05.2012 and at present she is 8 years old. Shri Jain, learned Senior Counsel submits that she is not
well, hence it would be risky to take her from Indore to Ujjain in order to attend the marriage ceremony during this Corona pandemic period.
Shri Bhargava, learned counsel submits that petitioner and respondent both are qualified doctors by profession and the petitioner will take care of his
daughter and if her daughter cannot come alone respondent is also invited along with her to attend the marriage ceremony. The petitioner has
mentioned the name of respondent and daughter in the marriage invitation card also.
Although during this epidemic period order for the temporary custody of the girl child for 3 days for attending marriage is not advisable, however,
Mr.Jain, learned Senior Counsel undertakes that he will pursue the respondent to attend the marriage in the family of the petitioner along with the child
and that would also be helpful for maintaining better relations between them in future. This Court hopes and trusts that Shri Jain will make serious
efforts to see that the respondent attends the marriage along with her daughter in the family of the petitioner at least on 30th November, 2020.
With the aforesaid, this petition stands disposed of.