HAMIDA BANO Vs. GH MOHD SHAH

JUDGEMENT

(1.) THIS Civil First Appeal is directed against the judgment and order of the learned District Judge, Srinagar dated 13 -11 -1980 directing the appellant -mother to return the custody of the Ward to the respondent -father under section 25 of the J&K Guardian and wards Act (hereinafter referred to as the Act).

(2.) IT appears that the appellant was the wife of the respondent and their marriage had ended in divorce. However from the wedlock a girl namely Afroza Jan was born to them. She has been putting up with her mother from her very birth, as soon after her birth the parties separated. The appellant as also this respondent have remarried since long. The Ward is presently about 13 years old. The appellant had filed an application before a Magistrate under Section 488 Cr. P. C - as to get the maintenance allowance for the Ward. The said application was granted by the Magistrate. Thereafter the respondent filed an application under Section 25 of the Guardian and Wards Act for the custody of the Ward. The learned District Judge has granted the application and hence this appeal

(3.) I have heard the learned counsel for the parties and have gone through the record.