NAIM TABRIZ KHAN Vs. SOFIA NISHATH SHAHJAHAN

JUDGEMENT

(1.) Osa.No.95 of 2018 has been filed by the respondent in O.P.No.719 of 2014 against the order passed in O.P.No.719 of 2014 dated 07.03.2018 on the file of this court.

(2.) The respondent herein has filed a petition under Sections 3,7 to 10 and 25 of the Guardian and Wards Act and under Order XX1 Rules 2 and 3 of Original Side Rules of this court in O.P.No.719 of 2014 seeking permanent custody of two minor daughters viz., Yusra Mariam born on 13.03.2012 and Zaara Samreen born on 19.03.2014 and also to appoint her as guardian for the aforesaid minor children. The first appellant in S.A.No.95 of 2018 and appellant in OSA.No.113 of 2018 has filed OP.No.778 of 2014 under Sections 3, 7, 10 and 25 of the Guardians and Wards Act and under Order XXI Rules 2 & 3 of Original Side Rules seeking permanent custody of the aforesaid children and also to appoint him as guardian for the said children. The learned Single Judge has allowed O.P.No.719 of 2014 and dismissed O.P.No.778 of 2014 by the common order dated 07.03.2018. Aggrieved by the same, the present Original Side appeals have been filed.

(3.) The averments made in the petition filed in O.P.No.719 of 2014 are, in brief, as follows: