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1995 Supreme(Bom) 419

A.V.SAVANT
Abdulsattar Husen Kudachikar – Appellant
Versus
Shahina Abdulsattar Kudachikar – Respondent


JUDGMENT - A.V. SAVANT, J. :---This is an appeal against the judgment and decree dated September 20, 1994 directing the father to hand over the custody of the minor son Mohammad Wasim to the mother Smt. Shahina Abdulsattar Kudachikar. There is no dispute before me that the original application was made by the mother under section 25 of the Guardians and Wards Act, 1890. On evidence being led, the trial Court has come to the conclusion that the mother was entitled to the custody of the child. Consequently, Miscellaneous Civil Application No. 81 of 1994 for custody has been allowed. Hence, this appeal.

2. A few admitted facts necessary for the disposal of this appeal may be stated as under:

The parties are Sunni Muslims and were married at Pune on 17th November, 1988. The father is working as a Medical Representative with Ebers Pharmaceuticals Limited and gets a salary of Rs. 4,500/- per month. He is stationed at Miraj in Sangli District, but from the very nature of his job he is required to travel around. The mother is working with the Telecommunications Department at Sangli and gets Rs. 3,000/- per month as her salary. On 7th May, 1990 son Mohd. Wasim was born out of the wedlock. On










































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