PUNNAKKATTU HIDAYATHULLA Vs. CHERUSSOLA SOUDATH

JUDGEMENT

(1.) The appellant in this appeal assails the order passed by the Family Court turning down his prayer for custody of the minor child and granting him only visitorial rights.

(2.) The respondent is the divorced wife of the petitioner. The marriage took place in the year 1999. A female child by name Najma was born in the wedlock in 2000. In 2004, by unilateral pronouncement of talaq the marital tie was dissolved. It appears that an agreement was entered into after the divorce and an amount of Rs. 2.17 lakhs was paid by the appellant to the respondent. There was also an agreement that maintenance at the rate of Rs. 500/- per mensum shall be paid for the child by the appellant. Parties are Muslims. After the divorce, the appellant has re-married. A child is born in that wedlock. The respondent has not been remarried.

(3.) According to the appellant/petitioner continuance of the female child in the custody of the respondent/mother is not conducive to the best interests of the child. In these circumstances, he came to court with a petition claiming custody of his minor daughter aged 8 years born in the respondent. According to him, the respondent was leading an immoral life and continuance of the child in the custody of the respondent would adversely affect the welfare and future of the child. The appellant is employed abroad. He gets good income from his avocation as a Barber there. He is in a position to give better financial facilities to the child. He will be in a position to put the child to a better school and look after her better. At the time when the petition was filed, the appellant had come back to India on leave. He expected to go back to his place of employment after some time. It is at that juncture that he filed this petition.