KAHKASHAN BANO Vs. ABDUL MOIZ ANSARI

JUDGEMENT

(1.) Smt. Kahkashan Bano being aggrieved against the judgment and order dated 8-9-1988 of learned District Judge, Basti, allowing the application in Misc. Case No. 60 of 1987 Abdul Moiz Ansari v. Smt. Kahkashan Bano filed by the respondent under Sections 25 and 12 of the Guardian and Wards Act read with the Personal Muslim Law for the custody of a minor and directing that the child shall be given to the custody of the respondent within fifteen days has preferred this appeal.

(2.) Facts as revealing from the petition are that the respondent filed a petition under Sections 12 and 25 of the Guardian and Wards Act (hereinafter called "The Act") against the appellant, Smt. Kahkashan Bano on 4-12-87 for being given the custody of the child, Mohd. Shoaib, to him. It was stated in the petition that the respondent married the appellant on 18-11-79 ond his son (Mohd. Shoab Ansari) was born out of this wedlock. The respondent divorced the appellant on 27-12-81 and consequent to this divorce parties started living separately. It was, further, mentioned in the petition that at the time of divorce Mohd. Shoab Ansari was aged about one year and as per the understanding arrived at it was decided that the child would continue to live with his mother till he attained the age of 5 years whereafter the respondent would keep the son in his custody. Mohd. Shoab has attained the age of seven and a half years and the respondent is thus entitled to his custody which may be given.

(3.) Appellant, Kahkashan Bano filed written statement that after the marriage respondent started harassing and ill-treating her. The respondent orally divorced the appellant on 27-12-81 though no document or Talaqnama was executed to witness the divorce. The appellant also alleged that no agreement (Iqrarnama) was executed and the one on which reliance has been placed by the respondent is a forged one. The appellant is maintaining her son, Mohd. Shoab Ansari with great love and affection and is imparting education to him in St. Joseph's Convent School. The appellant who is living with his mother and brother and other family members are also keeping and showing the body great love and affection. It has also been alleged that the respondent never took care of the child, Mohd. Shoab Ansari during all this period. In support of her objection the appellant also filed an affidavit on 29-8-88.