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ANIL KUMAR, SAURABH LAVANIA
Israr Ahmad – Appellant
Versus
Azazul Hussain Ahmad – Respondent
| Table of Content |
|---|
| 1. custody case background. (Para 1 , 2 , 3) |
| 2. arguments by both parties related to custody. (Para 4 , 5 , 6 , 7 , 8) |
| 3. court's analysis on legal standards of custody. (Para 9 , 10 , 11 , 12) |
| 4. specific statutes and principles in custody cases. (Para 14 , 15 , 16 , 17) |
| 5. final decision and order of dismissal. (Para 18 , 19 , 20 , 21) |
JUDGMENT :
Hon'ble Anil Kumar, J.
1. Heard, Sri S.P.Singh, learned Counsel for the appellant and Ms. Archana Singh Advocate, holding brief of Sri Ziauddin Khan, learned Counsel for the respondent.
2. Facts in brief of the present case, as per record, are that marriage between appellant Israr Ahmad and Smt. Zaafrana was solemnized on 03.06.2006 as per Muslim rites and customs and out of the wedlock of appellant and Smt. Zaafrana and on 16.05.2007 one baby boy was born namely Azazul Hussain. Matrimonial relation between the appellant Israr Ahmad and Smt. Zaafrana became strained and on 26.04.2008 Smt. Zaafrana left her matrimonial home. In view of the said factual background, the appellant Israr Ahmad filed a case bearing Misc. Case No. 30 of 2010 ( Israr Ahmad Vs. Izazul Hussain ) before the Principal Judge, Sitapur for custody of his minor
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