MEHWASH SAMMER SAYYED Vs. IFTEKHAR SHAFIQUE FALKE

JUDGEMENT

(1.) THE Appellant has taken an exception to the judgment and order dated 24th February, 2004 passed by the learned Additional District Judge by which the application made by the Respondent under Section 25 of the Guardians and Wards Act, 1890 (hereinafter referred to as "the said Act") has been allowed.

(2.) ' The Respondent married to the Appellant on 15th February, 1998. The Respondent was serving in Baharin. From the matrimonial wedlock, on 8th December, 1998, a son was born (Umair). It appears that there was a matrimonial dispute between the parties. The Respondent pronounced divorce on 14th October, 2000. The application has been filed by the Respondent under Section 25 of the said Act for declaration that he is the natural and lawful guardian of the son - Umair. A prayer was also made for handing over custody. In the application, it is stated that after the delivery, the Appellant never returned to Baharin. It is stated that many requests were made by the Respondent on telephone to the Appellant to return to Baharin. It is alleged that the Appellant wanted divorce. It is alleged in the application filed by the Respondent that the Appellant was having an affair with one Sameer Sayyed. It is stated that therefore, the Respondent pronounced divorce on 14th October, 2000.

(3.) ' It must be noted here that admittedly, the impugned order has not been acted upon and custody continues to be with the Appellant.