AJIJA BANO Vs. PHOOL MOHD

JUDGEMENT

(1.) APPELLANTS (original-respondents) have filed the present appeal under section 47 of the Guardians and Wards Act, 1890 (hereinafter referred as 'the said Act') challenging the judgment and order dated 29.10.2007 passed by the learned District Judge, Jhunjhunu (hereinafter referred as the 'lower court') in Civil Misc. Application No.169 of 2005 whereby the lower court has granted the application of the respondent No.1 (original-applicant) filed under section 10 of the said Act.

(2.) IT appears that the respondent No.1 is grand father of the two minor children named Ujala Bano and Sahil, and the appellant No.1 is the mother, the appellant No.2 is the maternal grand father of the said two children and respondent No.2 who has been subsequently impleaded vide order dated 3.7.2008 in the present appeal is the maternal grand mother of the said two children. The respondent No.1 had made an application before the lower court under section 10 of the said Act seeking his appointment as guardian and also seeking custody of the said two children. The said application was allowed by the lower court vide order dated 29.10.2007 against which the present appeal has been filed.