ISHRAT MAQBOOL Vs. ASHIQ FEROZ

JUDGEMENT

(1.) IMPUGNED is the order dated 23.06.2008 passed by 1st. Addl. District Judge, Srinagar whereunder objections raised regarding maintainability of the petition for custody of the ward has been rejected Petitioner and respondent were married to each other. From the wedlock on child (ward) is born, but due to the acrimony between the couple, petitioner alongwith child are living separate, therefore, ward continues to be in the custody of the petitioner.

(2.) RESPONDENT (father) has filed the petition for return of custody of the minor, maintainability of which was unsuccessfully objected.

(3.) FOR appointment of guardian, procedure prescribed under Chapter -II is to be followed which includes format of application prescribed under Section 10 as figure in Chapter - II of the Act, then after appointment of the guardian if custody is disturbed, the appointed guardian like the natural guardian can file application under Section 25 as figure in Chapter III of the Guardian and Wards Act. If the contention of the learned counsel is taken correct then appointed guardian shall be required to follow the format of Section 10 afresh which is never the purport of section 25 of the Act. Therefore, contention raised by learned counsel on this count is misplaced.