GULSHAN Vs. SHAHJAHAN

JUDGEMENT

(1.) This is an appeal under section 19 of Family Courts Act, 1955 (hereinafter referred to as 'Act 1955') filed by defendants appellants, challenging judgement dated 7.11.2015, passed by Principal Judge (Family Court), Ballia, in Misc. Case No. 18 of 2004 (Shahjahan Vs. Jehangir) whereby, plaintiff-respondent Shahjahan has been appointed as guardian of minor Anjuman under section 8 of Guardians and Wards Act, 1890 (hereinafter referred to as 'Act 1890').

(2.) We have heard Mr. Abhishek Kumar, learned counsel for defendant-appellants and Mr. Manoj Yadav, representing plaintiff-respondent.

(3.) It transpires from record that marriage of plaintiff-respondent Shahjahan was solemnized with Rabiya Khatoon on 26.11.2001, in accordance with Muslim Rites and Customs. From aforesaid wedlock, a daughter namely, Anjuman was born on 25.11.2002. Rabiya Khatoon, wife of plaintiff-respondent was subsequently, diagnosed of having cancer. Her treatment started. On account of ailment suffered by Rabiya Khatoon, she came to her parental home at Bansdih Ballia along with her minor daughter Anjuman. Ultimately, Rabiya Khatoon wife of plaintiff-respondent died at her parental home on 12.12.2003. Father of Rabiya Khatoon/Materna Grand Father (nana) of minor Anjuman retained minor Anjuman. Ultimately, minor Anjuman was given in the custody of Gulshan, sister of Rabiya Khatoon, mother of minor Anjuman. It may be noted that Gulshan is sister-in-law of Shahjahan, whereas Jahangir is father-in-law of Shahjahan.