SUDESH Vs. ADDITIONAL FAMILY COURT JUDGE ROORKEE

JUDGEMENT

(1.) PRAFULLA C. Pant, J. This appeal, preferred under Section 47 of the Guardians and Wards Act, 1890, is directed against the judgment and order dated 23-7-2005, passed by learned Additional Judge, Family Court, Roorkee, in Misc. Case No. 04 of 2004, whereby it has allowed the petition, moved under Section 7 read with Section 25 of afore said Act and directed that two children, namely, Nitin Kumar and Km. Shivani alias Heena be handed over by the appellant Sudesh (mother) to respondent Madan Pal (father ).

(2.) HEARD learned counsel for the parties.

(3.) ON the basis of the pleadings of the par ties the trial Court framed following issue:- "whether the plaintiff/petitioner is entitled to get the custody of the two minor children, namely, Nitin Kumar and Km. Heena?"