FARJANABANU Vs. SIKANDERSHA AHMEDSHA DIWAN

JUDGEMENT

(1.) This appeal is filed under Sec. 19 of the Family Courts Act, 1984, by the original- complainant challenging, the judgment and order dtd. 6/3/2018 passed by learned Judge, Family Court, Anand, vide Exh.65 in Civil Misc. Application (Guardian) No.29 of 2014. By the said judgment and order, the learned Judge has rejected the application under Sec. 25 of the Guardian and Wards Act, 1890, refusing the prayer of custody of minor child of the appellant-original complainant. While passing the aforesaid order, the learned Judge has further permitted the original complainant to meet his minor son on every second Sunday with the mutual understanding of the parties.

(2.) Before we express on merits of the case, it would be appropriate to consider the facts, which has emerged on record. The husband of the appellant had expired on 6/1/2013 leaving behind the appellant and his two minor sons. The elder son namely Zaid was aged around 10 years and younger son namely Azim was aged around 5 years. The date of birth of Zaid is 22/1/2005.

(3.) Heard Mr. Pradeep Patel, learned advocate on record for the appellant and Mr. Ashish M. Dagli, learned advocate on record for the respondent.