M KUTHBUNISHA Vs. S A JABAR

JUDGEMENT

(1.) Heard both sides.

(2.) This Original Petition is filed by the petitioner-mother under Section 25 of the Guard-ian and Wards Act, 1890 (for short GAWA) seeking for the custody of her minor son A. Arshath Ahamed bora on 22.2.2004.

(3.) The Original Petition was admitted on 11.12.2008. On notice from this Court, the first respondent, who is the grand father of the minor child entered appearance and has filed a counter affidavit on 22.6.2009 resisting the claim. Subsequently, after the evidence of the petitioner was recorded as P.W.1 and the first respondent as R.W.1, the respondent filed an Application in A. No. 3206 of 2009 to implead the second respondent as party second respondent. The same was ordered by this Court on 29.7.2009. The impleaded second respondent is the father of the minor boy A. Arshath Ahamed. Though, he did not file any counter statement independently, he has filed a proof affidavit and also examined himself as R.W.2.