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2021 Supreme(Mad) 3145

T.RAJA, G.CHANDRASEKHARAN
S. Katheeja Nasriya – Appellant
Versus
M. A. Kazhi Alaudeen – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.R.Abdul Mubeen
For the Respondent: Mr.George Graham

JUDGMENT :

G.CHANDRASEKHARAN, J.

1. These Civil Miscellaneous Appeals are filed against the common order passed by the learned VII Additional Judge, Family Court, Chennai in GWOP No.2202 of 2017 and I.A.No.1949 of 2017 in GWOP No.2202 of 2017 on 22.07.2020.

2. The appellant, as the petitioner, filed a petition under Section 7 of Guardian and Wards Act, 1980 to appoint her as guardian of wards and to have the custody of minor Abubaker and minor Sheik Abdul Kader, aged 10 years and 9 years respectively against her former husband Thiru.M.A.Kazhi Alaudeen. The said Kazhi Alaudeen filed a counter claim in I.A.No.1949 of 2017, to appoint him as guardian of minor Abubaker and minor Sheik Abdul Kader and to have their custody with the prayer to dismiss the petition filed by the appellant.

3. The facts of the case, in brief, are as follows:-

Appellant's first marriage with the respondent was held on 09.05.2004. Out of the said wedlock, two sons master Abubaker and master Sheik Abdul Kader were born on 11.03.2007 and 14.08.2008 respectively. Due to strained marital relationship, the marriage between the appellant and respondent came to end by the appellant obtaining divorce (by kula) during June

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