A. N. DIKSHITA, J.

( 1 ) SMT. Kahkashan Bano being aggrieved against the judgment and order dated 8-9-1988 of learned District Judge, Basti, allowing the application in Misc. Case No. 60 of 1987 Abdul Moiz ansari v. Smt. Kahkashan Bano filed by the respondent under Sections 25 and 12 of the guardian and Wards Act read with the Personal Muslim Law for the custody of a minor and directing that the child shall be given to the custody of the respondent within fifteen days has preferred this appeal.

( 2 ) FACTS as revealing from the petition are that the respondent filed a petition under Sections 12 and 25 of the Guardian and Wards Act (hereinafter called "the Act") against the appellant, Smt. Kahkashan Bano on 4-12-87 for being given the custody of the child, Mohd. Shoaib, to him. It was stated in the petition that the respondent married the appellant on 18-11-79 ond his son (Mohd. Shoab Ansari) was born out of this wedlock. The respondent divorced the appellant on 27-12-81 and consequent to this divorce parties started living separately. It was, further, mentioned in the petition that at the time of divorce Mohd. Shoab Ansari was aged about one year and as per the understanding arrive

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