( 1. ) THIS is an appeal under section 47 of the Guardian and Wards Act (hereinafter referred to as the Act ).

( 2. ) THE parties are Mahomedans and areas such governed by Mahomedan law. The appellant Kalimunnisa, aged about 22 years was married to the respondent Shah Salim Khan aged about 30 years. On 10-10-1964 a son named Shahjahan was born to them. Some time in the year 1969 or so the appellant was divorced by her husband. Since then Shahjahan has been living with his mother. It appears that the appellant had instituted proceedings against the respondent for maintenance of the minor Shahjahan and a sum of Rs. 10 per month was fixed by the Court for the maintenance of the minor. After shahjahan completed the age of 7 years, the respondent filed an application under section 10 of the Act praying that he be appointed as guardian of the minor and the minor be placed in his custody. This application was, opposed by the appellant. The application was, however, allowed by the trial Court and the appellant was directed to transfer the custody of the minor to the respondent within a period of 15 days. Being aggrieved by the said order the appellant has preferred this appeal.

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