SUHARABI Vs. D MUHAMMED

JUDGEMENT

(1.) Appellant is the petitioner in O.P. 117 of 1985 of the District Court, Kozhikode. She filed the petition under S.25 of the Guardians and Wards Act against the respondent who is her husband for the custody of her female child Muneera aged 1 year and 7 months. The learned District Judge dismissed the petition holding that the indigent petitioner cannot tie expected to look after the child properly.

(2.) The case of the petitioner is that she was married by the respondent on 5-12-1983, that two children were born to them in the wed-lock, that for the second confinement she went to her house with the child Muneera on 9-3-1985 and that on 14-3-1985 the respondent came there and forcibly removed Muneera from her custody. She seeks restoration of the child to her custody.

(3.) Respondent filed counter statement contending that the petitioner went to her house without his consent leaving Muneera in his house and that there is no element of truth in the allegation that he forcibly removed the child from her custody. It is further stated that the petitioner is not entitled to get custody of the child. He expressed his readiness to reside along with the petitioner in his house.