MOHAMMAD KHALID Vs. ZEENAT PARVEEN

JUDGEMENT

(1.) The appellant was married to one Yasmin in 1980 but the marriage did not bear fruit as no child was born to them until 1984. On 13th Jan. 1984 the appellant married a second time whereafter he and his wife Zeenat Parveen lived together for some time. On 10-11-1984 a son was born. According to Zeenat Parveen she was the mother and had given birth to the son while the appellant claimed that Yasmin, his first wife, was the mother of the child. On an application being moved under Sec. 25 of the Guardians and Wards Act the court below has answered this question of motherhood in favour of Zeenat Parveen to whom the custody of the minor has also been entrusted. Aggrieved by the order, the husband filed the present appeal.

(2.) Two main questions arise for consideration. The first question is whether the child was born out of the womb of first or the second wife of appellant. The second question is as to where the welfare of the minor lies in the facts and circumstances of the present case.

(3.) It is undisputed that from 1980 to 1984 the first wife had remained barren. According to the allegations made in the application under S.25, the desire to have a child was one of the major reasons for the second marriage with her. Be it as it may, the fact remains that a son was born on 10-11-1984.