ISMAT FARZANA Vs. MD AZEEZUDDIN

JUDGEMENT

(1.) THIS appeal is by respondent No.2 before the Trial Court who claims to be the adopted mother of one Mohammed Saifuddin who is a minor boy aged 6 years. The appeal is directed against the order dated 21.08.2013 passed by the Family Court, Gulbarga directing handing over the custody of the aforesaid minor boy to respondent Nos.1 & 2 who are admittedly his natural parents.

(2.) BY consent of the learned counsel on both sides, the appeal is heard on merits and is being disposed of by this judgment.

(3.) THE sole contention urged by the learned Senior Counsel appearing for the appellant is that, the Family Court while directing custody of the minor ward in favour of the natural parents has not at all considered the welfare and interest of the child as held by the Supreme Court in Mausami Moitra Ganguli V. Jayant Ganguli, 2008 AIR(SC) 2262 and hence, the matter requires to be reconsidered by the Family Court. Learned counsel appearing for respondent Nos.1 and 2, who are the natural parents, supported the impugned order.