MD. FAYAZ Vs. R.SABIHA BEGUM

JUDGEMENT

(1.) The respondents in F.C.O.P. No.117 of 2010 on the file of Family Court, Kurnool filed this appeal under Section 19 of the Family Courts Act, 1984 feeling aggrieved by the order dated 17-01-2012 passed therein.

(2.) The 2nd appellant is the mother of the 1st appellant. The 1st appellant was married to Smt. R. Shahnaz Begum, the sister of the respondent, on 13.05.2007. The couple was blessed with a female child viz., Anshra Falaq, in the next year. On 04.04.2010, the wife of the 1st appellant died. A complaint was submitted to the III Town Police Station, Kurnool, alleging that the 1st appellant, his parents and brother murdered Smt. R. Shahnaz Begum. Crime No.76 of 2010 was registered, and thereafter, a case is being tried as S.C. No.159 of 2011 in the Court of IV Additional District and Sessions Judge, Kurnool. The 1st appellant, his parents and brother are accused of the offences punishable under Section 304-B read with Section 34 of the Indian Penal Code, and other relevant provisions.

(3.) The respondent filed F.C.O.P. No.117 of 2010 under Sections 7 and 17 of the Guardians and Wards Act, 1890 and under Sections 7 and 8 of the Family Courts Act, 1984 for custody of the minor child. She has also invoked the relevant customary law of the Islam. She pleaded that, not only the 1st appellant, but all his family members are facing trial for the offence of murder of Smt. R. Shahnaz Begum and that it is no longer safe for the minor child to be in their custody.