SANA AFTAB Vs. MOHTASHEM BILLAH MALIK

JUDGEMENT

(1.) The instant appeal arises out of an unfortunate dispute between the appellant herein and respondent herein over the custody of two minor children, namely Malik Kareem Billah, (born on 17/10/2017 and Malik Rahim Billah, born on 4/11/2019 in the marriage between the appellant herein and respondent herein), originating from the proceedings instituted by respondent herein against the appellant herein under and in terms of the provisions of Guardian and Wards Act, 1890, (for short "the Act of 1890") and order passed therein on 2/1/2025 (for short "the impugned order") by the court of 4th Additional District Judge Srinagar (for short "the court below").

(2.) The facts leading to the filing of the instant appeal in brief are delineated here under: -

(3.) The court below wherein proceedings under Act of 1890 were instituted by the respondent herein finally decided the said proceedings in terms of the impugned order dtd. 2/1/2025 and while allowing the said proceedings, it ordered the entrustment of the custody of minor to the respondent herein directing the appellant herein to hand over the custody of the minors to the respondent herein subject to the following conditions: -