AIJAZ AHMED TAK Vs. RABYA KOUNSER

JUDGEMENT

(1.) Appellant was married to respondent No.1 which marriage came to end soon thereafter. During subsistence of marriage Zaid Aijaz Tak was born. The boy was given in custody of his mother till he attained the age of 9 years. The divorce deed (annexure - C) is on record. However, the Divorcee Rabya Kounser married with respondent No.2 petitioner father of the boy Zaid Aijaz Tak moved an application u/s 12/25 of the Guardians and Wards Act for custody of the ward. The matter came to be shortly contested by the parties before the Guardians and Wards Court (District Judge, Srinagar). The court dismissed the application. Against this order dated 12.10.2000 this civil statutory 1st Appeal u/s 47 of Guardian and Wards Act is filed.

(2.) The trial court record on being sent for is on appellate file. The case has been taken up for final disposal on request of counsel for the parties. Admit.

(3.) Notice on behalf of respondents 1 and 2 is accepted by Mr. Zahoor A. Shah, an Advocate of the J&K High Court. Respondent No. 3 has not choosen to appear.