High Court Karnataka High Court

Dr Zaheeda Bi D/O M. Suleman vs Dr Nawaz S/O Abdul Munaf on 1 September, 2008

Karnataka High Court
Dr Zaheeda Bi D/O M. Suleman vs Dr Nawaz S/O Abdul Munaf on 1 September, 2008
Author: 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._ ' '