SABA RASOOL Vs. FIROZE ALI

JUDGEMENT

(1.) The Appeal is filed against the ex-parte decree passed against the appellant under Section 9 of the Guardians and Wards Act, by which the appellant mother of the ward would stand deprived of the custody of the ward and the custody of the ward is given to the respondent father.

(2.) We heard the learned counsel for the parties.

(3.) The case of the appellant would appear to be, inter alia, that just to avoid service of the summons and to get the ex-parte judgment, the plaintiff deliberately gave incomplete address of the appellant and due to incomplete address, the summons, which were issued, were never served. In other words, the case is one of nonservice of the notice on the appellant, thus, preventing her from appearing and contesting the proceedings.