JUGAN BAI Vs. MOHD KHAN

JUDGEMENT

(1.) THE appellant has filed this appeal under Section 47 of the Guardian and Wards Act, 1890 against the order dated 5. 4. 1989 passed by the Civil Judge, Class-I, Mandleshwar in Misc. Civil Case No. 15/87 whereby the learned Civil Judge had allowed the application of the respondent, Mohd. Khan which was filed under Section 25 of the Guardian and Wards Act, 1890.

(2.) THE undisputed facts of the case are that the parties are Mohammedans and governed by the provisions of Mohammedans Law. The appellant and the respondent are husband and wife. The appellant, Jugan Bai had two daughters and two sons out of the marital relations of the respondent, Mohd. Khan. Somewhere in the year 1981 the appellant and the respondent started living separately and ultimately respondent-Mohd. Khan divorced his wife Jagan Bai. After fl"e divorce all the four children continued to remain in the custody of the appellant-Jugan Bai.

(3.) ON 17. 2. 1987 the respondent Mohd. Khan filed an application before the Civil Judge, Class-I, Mandleshwar, under Section 25 of the Guardian and Wards Act, 1890 praying for the delivery of the custody of all the four children in his guardianship. The said application was resisted by the non-applicant/appellant. On the basis of the evidence the learned Judge, partly allowed the application of the respondent and ordered for the custody of the eldest daughter namely Jinnat Bi and two sons namely Parvesh and Rafiq to be given in the custody of the respondent. Being aggrieved by the said order of delivery of the custody of the minor children, the present appellant, Jgan Bai has filed this appeal under Section 47 of the Guardian and Wards Act, 1890.