MARIAM MISRIA Vs. SHIHAB M K

JUDGEMENT

(1.) This appeal under Sec. 47(a) of the Guardians and Wards Act, 1890 has been filed against the judgment and decree dtd. 8/9/2015 passed in G & W.C.No.15/2014 by the Principal Judge, Family Court, Dakshina Kannada, Mangalore, by which the petition filed by the respondent/husband to appoint him as a guardian and seeking custody of female child Sakeena Muskaan, was partly allowed by allowing the appellant to retain the custody of the minor female child and permitted the respondent to get access to the child by way of visitation rights.

(2.) Brief facts giving rise to filing of this appeal are that, the marriage of the appellant and respondent was solemnized on 4/11/2001, and out of the wedlock two children viz., Aamil Ayesh Umer and Sakeena Muskaan were born on 18/7/2002 and 8/8/2007 respectively. It is averred that after few years, the relationship between them turned out be sour and the appellant filed the divorce petition on the grounds of desertion and cruelty. Consequently, the I Additional Civil Judge, Mangalore by Judgment and Decree dtd. 23/11/2010 dissolved the marriage between the appellant and the respondent. It is further averred that the son is in the custody of the respondent/husband. The respondent is seeking the custody of the second child viz., Sakeena Muskaan stating that he is capable of maintaining and taking care of his daughter, he has made arrangements to admit her to English medium School and he further claims that the daughter's future is safe in his hands. On the aforesaid grounds, the respondent filed petition to appoint him as guardian and further seeking custody of the minor daughter.

(3.) The appellant/wife has filed statement of objections opposing the petition. The appellant has not disputed the factum of marriage, dissolution of marriage and that the first child is in the custody of the respondent. It is further averred that the respondent has remarried and staying with another woman after dissolution of marriage with her. The second child being a daughter and the appellant being the natural guardian is entitled to retain the custody. The appellant denied other averments and allegations made in the petition and seeks for dismissal of the petition filed for custody of the child.