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11.No doubt, there is no provision under the Guardians and Wards Act, which makes age a factor for custody but, we can take judicial notice of provisions available under another enactments namely, Hindu Minority and Guardianship Act which provides that custody of a girl child less than 10 years must always be with a mother. We therefore, see no reason to interfere with the order of the Family Court. This Civil Miscellaneous Appeal therefore, fails and it is accordingly, dismissed. No costs. Consequently, connected miscellaneous petition is closed. 12.There will be a direction to the husband to handover the child to the mother / wife at Salem within a period of four weeks from the date on which, the order is uploaded on the Website. (R.S.M.,J.) (D.N.R.,J.) 13.10.2023 kkn Internet:Yes/No Index:Yes/No Speaking/Non-speaking Nuetral Citation :Yes/No R.SUBRAMANIAN, J. and D.NAGARJUN, J. KKN To:- The Family Court, Salem. C.M.A.No.2913 of 2022 and C.M.P.No.22513 of 2022 13.10.2023
by Sekar Reporter · Published October 27, 2023