ASIAM NOORANI Vs. YASMINBAI

JUDGEMENT

(1.) The appellant (original appellant) has directed this appeal against the order dated 13.12:1994 rendered by III Additional District Judge, Ratlam in Civil Misc. Case No. 12/94, thereby rejecting the application of the applciant filed under Section 10 of the Guardians and Wards Act, 1890 (for short, 'the Act') for the custody of his minor son Aftab and daughter Asam.

(2.) Briefly stated the facts of the case are that the appellant and respondent got married in accordance with Mohammedan Law and lived together for about 12 years. Out of the said wedlock one son and daughter respectively aged 11 years and 31/2 years presently, were born. Due to some differences between the appellant and the respondent, the applicant divorced the non-applicant under the Mohammedan law on 29.6.1992 and thereafter the non-applicant alongwith the aforesaid minor children went to her father's house at Village Gondal, District Rajkot, (Gujarat) and started living separately from the applicant. The applicant filed the application under Section 10 of the Act for declaring him the natural guardian and for handling over the custody of the minor children Aftab and Asma. The notice was issued to the non-applicant but she did not appear before the trial court. The trial court proceeded ex-parte and after recording the statement of the non-applicant dismissed the petition. Aggrieved, the appellant has filed this appeal against the impugned order of the trial court.

(3.) I have heard Mr. Kochatta learned counsel for the appellant and Mr. Lathia learned counsel for the respondent.