AISHA Vs. BASHIR AHAMAD HAJI

JUDGEMENT

(1.) Learned District Judge, Srinagar has by his judgement dated 22-4-1986 allowed an application under the Guardian and Wards Act and appointed the respondent herein as the guardian of the person of the minor, namely Ehtisham Azam and one month's time was granted to the appellants to deliver the child to the respondent.

(2.) Before coming to the rival contentions of the learned Counsel for the parties, it is necessary to give a resume of the facts in brief.

(3.) Appellant No. 1 and respondent were married and the said marriage was dissolved by a deed of divorce dated 10-11-1979. At that point of time minor child who was born of the wedlock is said to have been about 2 months of age. The minor was to remain with the appellant No. 1 for some time in view of his tender age at the time of execution of divorce deed and on attaining 2 years of age he was to be delivered to the respondent No. 1 copy of the divorce deed is placed on the file.