KRISHNI DEVI Vs. MARIAM KAMALI MOAVENI AND ORS.

JUDGEMENT

(1.) Krishni Devi wife of Sultan Singh (mother-in-law of Mariam Kamali Moaveni) has preferred this appeal against the judgment dated 23.9.2013 rendered by Sh. K.P. Singh, Guardian Judge, Karnal, whereby the petition filed under Section 25 of the Guardianship and Wards Act, 1890 (in short 'the Act') accepted with costs and Mariam (mother of Aryana) was declared guardian of minor Aryana and Krishni Devi (grand mother of Aryana) was directed to hand over the custody of minor child-Aryana to the petitioner Mariam within one month from the date of judgment.

(2.) Brief facts of the case are like this; that Bhim Singh son of Sultan Singh converted his religion from Hindu to Muslim on 8.6.2002. Thereafter, Mariam got married to Bhim Singh on 19.6.2002. They got their marriage registered under the Special Marriage Act, 1954 at Sonepat on 20.11.2003. Out of this wedlock, a female child, namely; Aryana was born on 10.7.2003. However, unfortunately, Mariam filed a divorce petition, which was decreed in her favour on 14.2.2006 by the Court of learned Additional District Judge, Karnal. Under these circumstances, Mariam started living separately from Bhim Singh. Aryana was living with Mariam. Mariam filed a petition for custody of Aryana, against Bhim Singh, in which custody of the minor child was given to Bhim Singh by the order of Guardian Judge, Karnal. It is further case of Mariam that Bhim Singh was involved in a criminal case bearing FIR No. 815 dated 12.11.1994 under Sections 363, 366, 376, 342, 367 and 506 IPC, pertaining to Police Station City Karnal. He was convicted in that case along with three other co-accused on 22.12.1995 by the Court of Sh. Dharampal, the then Additional Sessions Judge, Karnal. Appeals filed by them were dismissed on 19.12.2007. Pankaj and Paramjit accused of that case, surrendered themselves as per the direction of this High Court after dismissal of their appeal but Bhim Singh did not surrender till today. He was declared proclaimed offender and due to this reason minor child Aryana has been living in the custody of her grand mother Krishni Devi at Karnal whereas she is an old lady and not able to maintain the minor child of the petitioner.

(3.) It was further alleged that Bhim Singh is a man of bad character whereas the petitioner/respondent No.1 is a highly qualified lady and has good source of income in order to look after the minor child. Under these circumstances, the custody of minor child Aryana was sought by Mariam. Krishni Devi-appellant took some legal objections and denied the conversion of Bhim Singh from Hindu to Muslim religion. However, she admitted the marriage of Mariam with Bhim Singh. As per Krishni Devi, their marriage was solemnized as per Hindu Rites and ceremonies at Village Mohana, District Sonepat on 19.6.2002 and was registered on 20.11.2003 as per Special Marriage Act, 1954. She also admitted the fact that one female child was born to them. Factum of decree of divorce was also admitted by her in favour of Mariam.