FARUQ IBRAHIMBHAI MULLA Vs. KARISHMABANU ANWAR HUSSAIN QURESHI

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgement and order dated 14th July, 2016 passed by the learned Family Court, Ahmedabad in Civil Miscellaneous Application No.3 of 2015, by which the learned Family Court has dismissed the said application preferred by the appellant father for obtaining permanent custody of the minor son Rehan and granting visitation right only, the original applicant - appellant herein - father has preferred present First Appeal.

(2.) That there is a matrimonial dispute between the appellant husband and respondent wife and various proceedings are pending between them. The custody of the minor son namely Rehan is with the mother. The appellant husband is appellant husband is working as an Associated Professor in Pramukh Swami Medical College in Pathology Department and the respondent mother is working as Engineer SD Senior in Institute for Plasma Research situated at Gandhinagar. Thus, both the appellant father and respondent mother are well educated. The appellant husband is paying Rs.10,000 per month towards the maintenance of the minor son pursuant to the order passed by the competent court. As the custody of the minor child was with the respondent mother, the appellant herein - father submitted an application before the learned Family Court being Civil Miscellaneous Application No.3 of 2015 for obtaining permanent custody of the minor son Rehan from the opponent and also for declaration declaring that he is guardian and best friend of his minor son Rehan under section 25 of the Guardian and Wards Act, 1890.

(3.) The appellant herein - father has appeared as Party -in -person. He has vehemently submitted that the learned family Court has materially erred in giving permanent custody of the minor son Rehan to him. It is vehemently submitted that while refusing to grant permanent custody of the minor son toe the appellant, the learned family Court has not properly appreciated the fact that as such the appellant is the father of minor son Rehan and is natural guardian and therefore, he is entitled to permanent custody of the minor as well as is entitled to to be declared as natural guardian.