FARJANABI Vs. SK AYUB DADAMIYA

JUDGEMENT

(1.) The appeal is directed against the judgment and order of the Addl, District Judge, Dhule, allowing the application of the present respondent for being appointed the guardian of his two minor sons and for their custody.

(2.) The appellant and the respondent are Muslims. They were married under the Muslim Law in 1975. They cohabited together until 1979. On 17th December, 1976 the elder child Sayyad and on 19th April, 1979 the younger child Yusuf were born to them.

(3.) After the appellant and the respondent started residing separately in 1979 the appellant filed an application under the Code of Criminal Procedure for maintenance for the two sons and on 12th October, 1981 maintenance aggregating to sum of Rs. 100/-p.m. was granted. In 1982 the respondent filed a suit against the appellant for restitution of conjugal rights and it was decreed on 10th January, 1983. The parties, however, did not reside together thereafter.