Certified copy of the formal order has been filed. It is taken on record. In view of the filing of the certified copy of the formal order there remains no defect in the presentation of appeal. Office to allot regular number.
Heard Sri J.P.S. Chauhan, learned counsel for the appellant on the merits of the appeal.
The application of the wife under Section 25 of the Guardians and Wards Act has been allowed ex parte by the impugned order dated 15.7.2010 and the custody of the minor son Rehan has been directed to be delivered to her.
The submission of the learned counsel for the appellant is that the application of the wife was not in accordance with the provisions of Section 10 of the Act as it was not duly attested by the two witnesses. Secondly, his submission is that in Criminal Case No.30 of 2008 Smt. Shahana Khatoon vs. Khurshid Ahmad and others under Section 156(3) Cr.P.C., the parties have entered into the compromise and according to the said compromise, the custody of the minor son was to remain with the husband, whereas the custody of the minor girl was given to the wife. This compromise was concealed by the wife in filing the above application which led to the passing of the impugned order.
Issue notice to the respondent by registered post fixing a date.
Until further orders of this court the operation of the impugned order dated 15.7.2010 passed in Misc. Case No.176 of 2008 shall remain stayed.
Order Date :- 20.10.2010 piyush