FAISAL KHAN Vs. HUMERA

JUDGEMENT

(1.) The present appeal is directed against an ex-parte judgment dated 29.11.2019, passed by the learned Family Court, South-East District, Saket, New Delhi, dismissing a petition filed by the appellant/father under Section 25 of the Guardians and Wards Act, 1890 for seeking custody of the minor son of the parties, master Azhaan, who is in the care and custody and the respondent/mother.

(2.) The brief facts leading to filing of the Guardianship petition by the appellant/father are as follows:-

(3.) The appellant and the respondent got married as per the Muslim customs and rites at Nizamuddin Mosque, Delhi on 14.6.2009. The couple was blessed with a baby boy, Azhaan on 11.2.2011. The respondent gave birth to the child at the residence of her parents at Hyderabad. In less than five months from the date of birth of the child, the appellant gave a talaq to the respondent on 01.07.2012 and sent her the talaqnama through registered post while she was still at her parent's residence in Hyderabad. In September, 2012, the appellant filed a suit for declaration before the Principal Judge, Family Court, Saket, New Delhi praying inter alia that a decree of declaration be passed, declaring that pursuant to the talaqnama, his marriage with the respondent stood dissolved.