MOHD RAMZAN MAGREY Vs. TAJA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dt. 18-2-1982, passed by District Judge, Anantnag, in an application under the Guardians and Wards Act. The application was filed by the father of a minor child Jahangir Ahmad seeking custody of the minor and for a declaration to the effect that he is the guardian of the child and for his appointment as such a guardian. The mother of the child not only resisted the application but also prayed instead that she be declared and appointed as the guardian of the minor and the custody of the minor be got delivered to her The learned District Judge vide impugned judgment and order dt. 18-2-1983. dismissed the application of the father and granting the prayer of the mother appointed her the guardian for the person of minor Jahangir Ahmad. The custody of the minor was also directed to be delivered to the mother. The father is aggrieved of the order and hence this appeal.

(2.) The brief facts leading to the present litigation are that the parties (appellant and respondent No. 1) lived as husband and wife for a number of years and a son Jahangir Ahmed wa.s born out of the wedlock. According to the father, Jahangir Ahmad was born on 1-1-1975, while according to the mother Jahangir was born on 1-7-1977. The relationship between the parties, later on, became strained. The father Mohd. Ramzan Magrey, married another woman and the mother, Mst. Taja, left her matrimonial home and went to live with her parents at Noorpora. The minor child was living with the mother but was, later on, taken away by the father to Magreypura on 30-4-1981, the father filed an application under Section 17/25 of the Guardians and Wards Act praying for being appointed the guardian of the minor child and for his custody. The mother and her parents were arrayed as respondents in the application. They resisted the application and also filed a counter application for the appointment of the mother as the guardian of the minor and for the custody of the minor. The parties were directed to lead evidence in support of their respective contentions. The father examined Abdul Rashid Magrey, Assad Ullah Magrey. Ghulam Hassan Wani, Gani Bhat, Salam Ganai and Abdul Rehman Wani. He also appeared as his own witness. The respondents, on the other hand, examined Gaffar Dar Mohd. Hussain Bhat and Sona Sheikh. The mother also appeared as her own witness.

(3.) The theme song of the evidence led by the father through his witnesses named above is that they knew the parties and that the minor-Jahangir is about 7 years old. That he goes to School. That the father can look after the minor better than the mother, who is living with her parents. That the minor was living with his father, who was looking after him. Abdul Rehman Wani witness, however, admitted in his cross-examination that the minor was living with his mother at Noorpora when the father brought him from there about 1 1/2 years ago.