Karnataka High Court
Dr Zaheeda Bi D/O M. Suleman vs Dr Nawaz S/O Abdul Munaf on 1 September, 2008
Author: N.Ananda
Bench: N.Ananda
V.
1
IN THE HIGH COURT OF KARNATAKA AT BANGALQ1§5:._:'t..,_
DATED THIS THE 018T DAY OF SEPPEMBERK?"G08'_'V:~«..: f
BEFORE
THE H€)N'BLE MR.JUs'rIC;E N.Al}IiAliE.)P4e.,.' " 'V
M.F.A.No.6103[20§J_g ((§w[V_'wg 2
BETWEEN:
Dr. Zahccda Bi
D/o. Msuleman
Aged 33 years H ' v_ u --'
No.8, 1" Cross, H. "'ieida3'ah Ragga .'
Baitlgalorp. "
(By Sri c:.v. Ad§'c§._ate)_'
AND: l l l
Dr. Nawaz
;s.g¢d~-45
Flat 'E, 1-FF Dunish Apartments
Tcmpk, Alakc
Mangalorc'~3.--.. ' ...Rcspondent
-V [By Bcvinjc, Advocate)
' ' V. " I a_Thié appeal is filed uncle!' section 47(1) of the Guardian and
"W3r_ds"';Act, against the order dated 01.08.2002, passed in G 85
_ t~_W..C;'1'€t§.33/2000, on the file of Prl. Civil Judge {Sr.Dn.),
Mangalore, rfijccting the petition filed under section 25 of the
Guardian and Wards Act, for custody of the minor child Uzzna
Saara & etc.
This appeal coming on for final hearing this day, the Court
delivered the following:
The appellant and mspondefi'; was 'A
Their marriage was pexformndpn
dissolved through JaInayat.lv5."V« 3::-y_ dated
26.06.2000. During a fexgxale child.
was born on 24.3 as Uzma Saara. The for custody of child. It is that she being the mothex,v'§rL§hg5.iA;s t1_x«<§..'j§§iié#tody till the child attains pflbCrty__; __ 4' V V V. ., 5 '2. xlt 11¢.' displitc child was born on 24.1 1.3991. . 'By V'11:;i§,»:,,.§h.e'VV'is'_ageé«Véfliiifiui 16 yams 31163. 9 months. Thus, the appeiiant that she being the mother of is to custody of child till the child attains has to be considered under the changed V' ' -- Cit'§3iii':1St£inC€:S.
3. As could be seen fimn the impugned order, chiid had been bronght before Court below and the learned trial }'\J.* ,,. ....oe...
Judge had ascertained wishes of chiid L. u expressed her willingness to livc xvitfiilér fatiaerg
4. Therefore, I (10 not find, any reasons to,'.é_i1f§i'£'<§re'v§r.ii'l1V the ixnpugntzzd. order. AccoItifi:z§Iy§ ap15t:é1_1' HQW€VCI', it is made cle;:;ir.5.V_«'1£,:;ak¢ an application before application is made, the '(";¥)I1sicieratioI1 the changed éificertain the wishes of the ward. £:V§fl?1<cT:vé'sc_I1<3 'Vt$Vack records along with a Sd/-' Iudqe copy of 'oI§:¥c:r._ ' '