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1974 Supreme(All) 118

M.P.MEHROTRA
Ainunnisa – Appellant
Versus
Mukhtar Ahmad – Respondent


Advocates:
Magbool Ahmad, for Appellant; I.A. Khan, for Opposite Parties.

Judgement

JUDGMENT :- This appeal is directed against the order of the District Judge allowing an application under Section 25 of the Guardians and Wards Act of 1890. The respondent No. 1, Mukhtar Ahmad, claiming to be the real father of a male minor named, Mphd. Yusuf, sought for the return of his custody as the guardian of the said minor.

2. The brief facts are these: The appellant, Smt. Ainun Nisa, is the daughter of the respondent no. 2, Mohd. Munir. The appellant was married to the respondent No. 1, Mukhtar Ahmad. In 1962 she was divorced by her said husband and after that divorce the latter remarried another woman from whom he has several children. Smt. Ainun Nisa also remarried one Sheikh Bhullan. There is a minor son of Smt. Ainun Nisa whose name, according to Mukhtar Ahmed, respondent No. 1, is Mohd. Yusuf but according to Smt. Ainun Nisa, the appellant, and Mohd. Munir, the respondent No. 2. his name is Ghani, Mukhtar Ahmad claimed that the said son of Smt. Ainun Nisa was begotten by him. However, the lady denies this allegation and says that the said son is from her second marriage with Sheikh Bhullan and his real name is Ghani and not Mohd. Yusuf as alleged by Mukhtar Ahm

















































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