SYED SHAH ALIUDDIN Vs. MOHD KHAJA SAHEB

JUDGEMENT

(1.) The appellants have challenged the legality of the order, dated 21.01.2019 in G.W.O.P.No.1756 of 2018, passed by the learned IX Additional Chief Judge, City Civil Court, Hyderabad, whereby the learned Judge has dismissed the petition filed by the appellants under Section 7 of the Guardians and Wards Act.

(2.) The learned counsel for the appellants submits that appellant No.2, Mrs.Kahkashan Nizami, happens to be the real sister of the respondent No.1, Mohd.Khaja Saheb. Baby Malkan Nizami happens to be the daughter of the respondent No.2, Afshan Jabeen Mehdi. However, after the birth of Baby Malkan Nizami (henceforth referred to as 'the child'), the respondent No.2 suffered psychological defects. Therefore, the respondent Nos.1 and 2 found it difficult to look after the needs of the child. In these circumstances, both the respondents agreed that the child should be brought up by the appellants, who were settled in Canada. According to the learned counsel for the appellants, the child continues to be in Canada in the custody and in the care of the appellants.

(3.) The learned counsel for the appellants further submits that before the trial Court, the respondents had submitted a compromise entered into between the parties, wherein the respondents have clearly given an undertaking that they would have no objection if the appellants were to continue to have the custody of the child. Moreover, before the learned trial Court, the appellants have submitted a certified copy of the passport of the child which clearly revealed that the respondents are the biological parents. Even the certified copy of the Birth Certificate was submitted by the appellants before the trial Court.