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1986 Supreme(All) 32

A.N.VERMA
KHURSHID GAUHAR – Appellant
Versus
SIDDIQUNNISA – Respondent


Advocates Appeared:
G.N.VARMA, I.H.KHAN

A. N. VERMA, J.


( 1 ) THIS revision is directed against an order dt. Oct. 4, 1985 allowing an application filed by the mother for the interim custody of a minor child, a son aged about 3 years at the time of making of the application, having been born on Jan. 12, 1982. The said application was filed in an application filed by the mother of the child under S. 25 of the Guardians and Wards Act for an order for the return of the child from the custody of the applicant who is his father.

( 2 ) THE relevant facts are that the applicant and the opposite party were married on May 11,1980 and on Jan. 12,1982, a son (the child in question) was born to them. On July 20, 1985 the applicant divorced the opposite party and it is alleged that he turned out the opposite party from the marital home and took the child from her custody and entrusted him to the care of his second wife. Thereafter on July 26,1985 the opposite party filed an application under the Guardians and Wards Act stating the aforesaid facts and praying that she be appointed the guardian of the child and be given the custody of the child so that he may be reared and taken care of properly. A few days later the mother filed an appl

























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