SALIH SULAIMAN SINDI Vs. ABDUL BASID

JUDGEMENT

(1.) This revision petition by the natural father of the minor, is directed against the order dated 22-7-83 passed by the learned Guardian Judge whereby he allowed the application filed by the respondent under Section 12 of the Guardian & Wards Act (here-in-after called "the Act") and gave interim custody of the minor to the respondent.

(2.) . The brief facts, leading to this petition,are that the petitioner married Mst. Najma on 4-4-1976, daughter was born from this wedlock on 4-4-1979. The marriage between the parties was dissolved by divorce on 6-12-1980. Unfortunately Mst. Najma died on 21-8-81 while residing with her family members. In April 1982 the appellant filed an application for custody of the minor daughter in a court at Muradabad. He obtained an ex parte order for restoration of the child to him on 28-5-1982. Abdul Rab a maternal uncle of the minor filed an application for setting aside the ex pane order on 30-6-1982. During the pendency of that application Abdul Rab also died and a fresh application tor the said purpose was made by the respondent. The respondent is residing in Delhi while Abdul Rab was residing at Muradabad.

(3.) . The respondent also filed an application under .Sections 10 and 25 of the Act for being appointed as guardian of the said minor child in Delhi. Along with the said main petition, he also filed an application under Section 12 of the Act for interim custody of the minor. It is alleged in the application that after the death of Abdul Rab, the minor was in his care and custody till 3-1-1983 when once Sulaiman Sindi father of the minor had moved an application under Section 25 of the Act in the Court of the District Judge, Muradabad seeking custody of his daughter which was being contested by Abdul Rab. It is further alleged that the petitioner was not a fit person to retain the custody of the minor inasmuch as he never even took the mother of the minor with him after the marriage and he had misled the mother of the minor by making a false representation at the time of marriage that he was a bachelor and wanted to marry her and keep her as his lawfully wedded wife in Mecca. In fact he never took her to Mecca and kept her in Delhi. It is further alleged that whenever the mother of the minor conceived the petitioner had her aborted by giving abortion pills in the guise of pain relieving tablets to cause miscarriage. According to the respondent, when the minor namely Miss Samira was born, it created differences, between the petitioner and his wife with the result that the mother of the minor was divorced on the short ground that she had given birth to a child. A further allegation has been made that the object of the petitioner is to kill the child so that she cannot claim inheritence when she attains majority.