MASARAT NAZIR Vs. ZAFFAR HUSSAIN BEIGH & ANR

JUDGEMENT

(1.) Instant revision petition is directed against the order dated 27.05.2017, passed by the court of learned Principal District Judge, Srinagar, in file No.32/G.

(2.) The petitioner and respondent No.1 were married to each other. The strained relationship ended in a divorce but not before two female babies were born. Respondent No.1 (father) filed petition under Section 25 of the Guardian and Wards Act before the Court of learned District Judge, Srinagar. Objections were filed by the petitioner highlighting therein that the petition is not maintainable on the ground that the minor children were not in the custody of the respondent. Plain language of Section 25 prescribe that the application can be filed only when the ward is removed from the custody. In short, it is contended that physical removal of the ward from the custody is a pre-condition for maintaining application under Section 25 of the Guardian and Wards Act.

(3.) Learned District Judge after considering the rival submission and the law referred to therein and after observing that there is no merit in the plea taken against the maintainability of the petition, has repelled the contention as raised.