Sri R Mohammed Arif Khan vs Smt Nazia Ameena Khanum
2024 Latest Caselaw 11765 Kant

Karnataka High Court

Sri R Mohammed Arif Khan vs Smt Nazia Ameena Khanum on 28 May, 2024

                                               -1-
                                                      NC: 2024:KHC:17920-DB
                                                          MFA No. 6597/2017



                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                          DATED THIS THE 28TH DAY OF MAY, 2024
                                          PRESENT
                         THE HON'BLE MRS. JUSTICE K.S.MUDAGAL
                                               AND
                      THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
                      MISCELLANEOUS FIRST APPEAL NO.6597/2017 (GW)


                BETWEEN:

                SRI. R. MOHAMMED ARIF KHAN
                S/O ABDUL RAZAK
                AGED ABOUT 40 YEARS
                RAMALEELA MANSION
                NEAR GOOD LUCK STORES
                VIVEKANANDA EXTENSION
                GADIKOPPA, SHIMOGA.
                                                                 ...APPELLANT
                (BY SRI. NIZAM ABBAS, ADV.,)
Digitally       AND:
signed by K S
RENUKAMBA
Location:       1.    SMT. NAZIA AMEENA KHANUM
High Court of         D/O LATE ABDUL RAZAK KHAN
Karnataka             (NAWAB)
                      W/O EHATAISHAM
                      AGED ABOUT 32 YEARS
                      RABZIGALLI, NEAR NGO HALL
                      TANK MOHALLA, SHIMOGA.

                2.    SMT. NASIRA KHANUM
                      W/O LATE ABDUL RAZAK KHAN
                      (NAWAB)
                      AGED 59 YEARS
                      BOTH RESIDING AT NAWAB MANZIL
                      R.P.ROAD, SAGAR-577401.
                                                              ...RESPONDENTS
                (BY SRI. PRUTHVI WODEYAR, ADV., FOR R1 & 2)

                    THIS M.F.A. IS FILED UNDER SECTION 47 OF GUARDIANS
                AND WARDS ACT, 1890, AGAINST THE JUDGMENT AND AWARD
                                   -2-
                                             NC: 2024:KHC:17920-DB
                                                 MFA No. 6597/2017



DATED:24.04.2017 PASSED ON G&WC NO.2/2011 ON THE FILE OF
THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, SAGAR,
DISMISSING THE PETITION FILED U/S.8 TO 10 OF GUARDIANS AND
WARDS ACT.

     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
K.S.MUDAGAL J., DELIVERED THE FOLLOWING:

                              JUDGMENT

This appeal is filed by the father challenging the order

appointing the mother i.e. respondent No.1 as a guardian and

rejecting his application for his appointment as a guardian.

2. Both parties admit that the ward is born on

24.03.2006. In the previous session, child declined to meet the

appellant.

3. In view of the child attaining majority, this appeal does

not survive for further consideration and is disposed of

accordingly.

4. Pending I.A.No.1/2021 stood disposed of.

Sd/-

JUDGE

Sd/-

JUDGE RV