WAZID ALI Vs. REHANA ANJUM

JUDGEMENT

(1.) This appeal has been filed under Section 47 of the Guardians and Wards Act, 1890 (hereinafter referred as 'the Act') against the order dated 25-8-2004 passed by the -District Judge, Raisen, in Misc. Civil Case No. 32/2003.

(2.) An application under Section .7 of the Act was filed by the present appellant that he and respondent were legally married in accordance with the customs of the Muslim Law on 1-11-1999. The marriage was performed at Raisen. The appellant is from Bhopal. After the marriage took place the appellant and respondent resided at Bhopal. Thereafter some disputes arose between the appellant and the respondent and which is not the subject-matter of this appeal, however, the position which exists today is that the appellant is residing at Bhopal along with his family and respondent (wife) is residing with her parents at Raisen. This fact is no more in dispute that on 29-4-2001 female child was born from the wedlock of the parties. The birth took place at Bhopal.

(3.) As per the case of the appellant, after the relations became strained between the parties the wife left the company of her husband and started living at Ralsen since 12- 6-2001. She also carried with her minor female child Mariam alias Juhi. Thereafter on 18-12-2001 the brother of respondent brought Mariam alias Juhi to appellant's house and at that time she was only seven months and 15 days old and handed over her to the appellant by saying that he should take care of his daughter. The appellant apprehended that some mischief may be caused on behalf of his wife and, therefore, he lodged a report on 18-12-2001 in police station. Since 18-12-2001 Mariam is living with the appellant. On these premised pleadings, it has been prayed by the appellant in his application filed under Section 7 of the Act that being the natural father and guardian of Mariam alias Juhi, he be declared as the guardian of minor child Mariam.