M. TABARAK ALI Vs. SYED SAJJAD BASHA

JUDGEMENT

(1.) The appellants have challenged the legality of the order dated 27.12.2018, passed by the VI Additional District Judge, Siddipet, whereby the learned Judge while dismissing the petition filed by the respondent-father, under Section 10 and Section 25 of the Guardians and Wards Act, 1890 ("the Act" for short), has granted him limited visitation rights on every First, Third and Fourth Saturdays depending upon his convenience and attendance of the child, and has also permitted him to take the child with him during the holidays. The visiting hours are to be decided by both the parties. The learned Judge has also granted liberty to both the parties to approach the Court for any further direction regarding visitation rights of the respondent-father.

(2.) Briefly, the facts of the case are that the respondent-father was married to one Nishath Anjum on 17.01.2014, at Siddipet, as per the rites and customs of the Muslim Community. The couple led a happy life for about one year. They were blessed with a female child, Nishath Fathima, who was born on 27.11.2014. Unfortunately, the wife was suffering from breast cancer, and eventually succumbed to the same on 19.12.2014. After the death of Nishath Anjum, the minor daughter, Nishath Fathima, was brought up by the appellants. Subsequently, the respondentfather filed a petition under the Act. However, the learned Judge has passed the impugned order as aforementioned. Hence, this appeal before this Court.

(3.) Mr. Nazeer Khan, the learned counsel for the appellants, submits that the child is about four and half years old. Therefore, it will be difficult for the child to be left with the respondent-father during the holidays, as the child would be unfamiliar with him. Therefore, according to the learned counsel, the part of the order granting temporary custody to the respondent-father during the holidays should be interfered with.