NASRIN BEGUM Vs. PROF. MOHD SAJJAD

JUDGEMENT

(1.) Heard Sri Pradeep Kumar Chandra learned Senior Advocate assisted by Sri Kavish Suhail learned Advocate, Sri Atul Dayal learned Senior Advocate assisted by Sri Komal Mehrotra and Sri S.F.A. Naqvi learned Senior Advocate assisted by Sri Syed Ahmad Faizan, learned Advocate for the parties in both the connected appeals.

(2.) These two connected appeals have been filed by both sides challenging the order dtd. 30/5/2022 passed by the Additional Principal Judge, Family Court, Court No.3, Aligarh in Misc. Petition No.73 of 2019 filed under Sec. 8, 10 and 25 of the Guardians and Wards Act' 1890 (in short as '1890' Act. The appellants in First Appeal No.510 of 2022 are applicants of the misc. case filed under the Act' 1890 praying for custody of the minor child. The appellant in connected First Appeal No.485 of 2022 are aggrieved by the aforesaid decision only to the extent of the findings on issue No.2 where the applicants have been provided visitation right/custody of the child for a period of 15 days in one year during summer vacation in the school of the minor child till she attains majority.

(3.) The applicants/appellants are natural guardians, biological parents of the child who was about five years of age on the date of the application seeking custody of the child. The respondents/appellants in the connected Appeal No.485 of 2022 are maternal uncle and aunt of the child, the respondent No.1 being real brother of the appellant No.1. As stated in the application filed by the appellants, the minor child was born on 16/12/2013 at Jeddah, Saudi Arabia and a birth certificate was issued by the concerned authority at Jeddah wherein names of the applicants/appellants as parents of the child have been mentioned. The respondents herein are issue-less. Initially one Mohd. Zaheer, brother of the respondent No.2 namely sister-in-law of the applicants, gave them his minor girl child for about three months and later took her away. The respondents went under depression on account of the said incident.