SYYAD SABDARALI SY NYAJALI Vs. SHAHISTABEGUM

JUDGEMENT

(1.) This appeal arises out of Judgment rendered by IVth Ad-hoc Additional District Judge, Jalgaon in an application (Misc.C.A.No.108 of 2005) for appointment of guardian and custody of minors. Appellant - Sayyad Sabdarali was original opponent No.1 before the trial Court. Respondent No.1 - Shahistabegum is the original applicant. For sake of convenience, I shall refer to the parties by their first names.

(2.) Somewhere in 1995, marriage between Shahistabegum and Sayyad Sabdarali was performed in accordance with tenets of Mohammedan law. The couple was residing together uptill May, 2005. During their consortium of ten years, Shahistabegum delivered in all seven children, out of which three are surviving. They are : Sayyad Danish, Sayyad Talib and Sayyad Tabij. At the time of filing the application, these minors were aged 7 years, 4 years and 2 years respectively.

(3.) The spouses are incompatible. The wife is residing with her parents at Faizpur (Taluka Yawal) .