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2013 Supreme(All) 1326

SUNIL AMBWANI, BHARAT BHUSHAN
IRSHAD ALAM – Appellant
Versus
ISMA ALAM – Respondent


Advocates Appeared:
M.D.Singh’Shekhar’ and R.D. Tiwari for the Petitioner; Ritvik Upadhya, A.G. Karunakaran, Vivek Mishra and Sanjay Agrawal for the Respondent.

JUDGMENT

Hon'ble Bharat Bhushan, J.—These two appeals under Section 19 of the Family Courts Act have been filed by the appellant-husband against the judgment and order dated 20.11.2012 passed by the Principal Judge, Family Court, Kanpur Nagar whereby the application filed under Section 25 of the Guardianship and Wards Act by the appellant-husband being Misc Case No. 50/70 of 2009 was rejected and the application filed by the defendant-wife under Section 25 of the Guardianship and Wards Act being Misc Case No. 26/70 of 2009 was allowed with directions that the Master-Irish (minor) shall be in the custody of her mother till he attains majority and further the appellant-father was directed to give the custody of minor daughter namely Km. Urooz aged about 8 years to her mother Isma Alam, the respondent wife.

2. The brief facts, which are relevant for disposal of these appeals, are recapitulated as under:

3. The marriage of appellant-husband and defendant wife was solemnised on 11.8.1998 according to Muslim rites and customs at Kanpur. After the marriage, the wife stayed at her husband’s house happily and out of the said wedlock and cohabitation one male child namely Iris Irshad Alam wa



























































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