PARVEEN BEGAM, DIVORCED W/O MAHFOOJ KHAN, AGED ABOUT 35 YEARS Vs. MAHFOOJ KHAN, S/O KALLAN KHAN, AGED ABOUT 40 YEARS, R/O JAWAHAR WARD, GARHAKOTA, DISTRICT SAGAR (M.P.)

JUDGEMENT

(1.) The appellants have preferred this appeal under Sec. 47 of the Guardians and Wards Act, 1890 (hereinafter referred to as the Act ) being aggrieved by and dissatisfied with the order dated 06.04.2013 passed by the First Additional Sessions Judge, Damoh in Guardian Case No.03/11 titled Mahfooj Khan Vs. Parveen Begam and three others , whereby the respondent has been appointed as guardian of minor appellant Nos. 2 to 4 under Sec. 7 of the Act by allowing the application filed by him.

(2.) The respondent filed an application before the court below on 27.08.2011 under the provisions of Sections 7 and 8 of the Act and as per the rights of Hizanat (Custody) of minor child prevaling in Sunni Muslims governed by the Hanafi Law. His case in brief is that he got married to appellant No. 1 Parveen near about 17 years before the date of filing of the application in village Kalehara, Tehsil Jabera, District Damoh according to Muslim rites and customs. From their wedlock, appellant Parveen gave birth to appellant Nos. 2 to 4 and a daughter Chandni. At present appellant Nos. 2 to 4 are minors and they are with appellant Parveen while Chandni, who is their eldest child, lives with him. As they were staying separately, appellant Parveen had filed an application under Sec. 125 of the Crimial P.C. claiming maintenance for herself and appellant Nos. 2 to 4 in the Court of Judicial Magistrate First Class, Damoh, which was registered as miscellaneous criminal case No.41/2010. The aforesaid case was finally disposed of vide order dated 05.04.2011. The learned J.M.F.C. has refused to grant maintenance to appellant Parveen on the ground that she is living in adultery but he has granted maintenance to appellant Nos. 2 to 4 to the tune of Rs.800.00 (rupees eight hundred) per month each till they attain majority.

(3.) The respondent has alleged that in the night of 08.04.2010 in his house at Garhakota town when he was in Sagar, his daughter Chandni saw appellant Parveen having sex with his neighbour Pappu @ Majid. On being seen in a such position, she asked Chandni not to disclose her physical relationship with Pappu to her father/respondent in spite of which she narrated the entire incident to him. Thereafter, he filed complaint case No.201/2010 in the Court of Judicial Magistrate First Class, Garhakota District Sagar against Pappu for his prosecution under Sec. 497 of the IPC, which is still pending.