IRSHAD ALAM Vs. ISMA ALAM

JUDGEMENT

(1.) These two appeals under Section 19 of the Family Courts Act have been filed by the appellant-husband against the judgment and order dated 20.11.2012 passed by the Principal Judge, Family Court, Kanpur Nagar whereby the application filed under Section 25 of the Guardianship and Wards Act by the appellant-husband being Misc Case No. 50/70 of 2009 was rejected and the application filed by the defendant-wife under Section 25 of the Guardianship and Wards Act being Misc Case No. 26/70 of 2009 was allowed with directions that the Master-Irish (minor) shall be in the custody of her mother till he attains majority and further the appellant-father was directed to give the custody of minor daughter namely Km. Urooz aged about 8 years to her mother Isma Alam, the respondent wife.

(2.) The brief facts, which are relevant for disposal of these appeals, are recapitulated as under:

(3.) The marriage of appellant-husband and defendant wife was solemnized on 11.8.1998 according to Muslim rites and customs at Kanpur. After the marriage, the wife stayed at her husband's house happily and out of the said wedlock and cohabitation one male child namely Iris Irshad Alam was born on 13.11.2002 and a female child namely Urooj Irshad Alam was born on 5.12.2005. On 17.12.2008 the respondent wife left her matrimonial home along with her male child on account of matrimonial discord between them and thereafter she did not return. The appellant husband even went to the extent of making allegations of character assassination against his wife. The appellant husband allegedly used to abuse the respondent wife and vice versa and they were reportedly indulged in beating each other very often.