JUDGMENT This first appeal is against the judgment and order passed by the Assistant Judge, Akola in Misc. Civil Application No. 57 of 1976 declaring and appointing petitioner as the guardian of minors Mohomed Raees and Waheeda Begum, and also directing the return of the minors to the guardian declared by his orders.

2. An application for appointment of herself as guardian and for the custody or returning the minors to her custody was filed by Shamim Banu against her husband Mohomed Shafi under sections 7 and 25 of the Guardian and Wards Act. She alleged therein that she was married to Mohomed Shafi and bore three children from respondent Mohomed Shafi, namely Mohomed Raees whose age was given as 4 years, Waheeda Begum, whose age was given as 21/2 years and Farooque who was aged It years at the time when this application was presented. She then stated that she was given very cruel treatment by the respondent who wanted to marry another woman and drove her out, and at that time snatched Mohomed Raees and Waheeda Begum from her. Farooque was then only a month old and was allowed to be retained with her. She, therefore, filed this application for custody or return of the custody of t

Click Here to Read the rest of this document