RASHIDA PATEL Vs. YUSUF

JUDGEMENT

(1.) THIS Original Petition has been filed to declare the petitioner as the guardian of the person of the minor, Maria Yusuf Khasamwala.

(2.) THE brief averments of the petitioner in the original petition are as follows: (a) THE petitioner is the wife of the respondent. She married the respondent on 28.9.2002 at Mumbai. Due to wedlock, a girl baby was born to them on 3.10.2004. Her marriage with the respondent ended in divorce on 8.2.2008. THE divorce was by Talaq Alsinha. Although the respondent is the father, the petitioner as a mother in preference to the respondent is entitled to the custody of the minor till the minor attains puberty. THE petitioner states that she could better care of the minor daughter than the respondent. (b) THE petitioner and the respondent met for the first time in a function at Bangalore and kept in touch thereafter. THEy decided to get married. However, there was strong objection from the respondent's family as according to the respondent's family, the petitioner did not hail from the family which could match the respondents' status. Since the petitioner and the respondent were firm in getting married, the respondent's parents finally agreed. After marriage the respondent's parents' did not treat her properly. THE respondent also did not take care of even basic expenses. THE respondent and his parents failed to show care, love and affection towards the minor. THE respondent used to beat and abuse the petitioner in front of the child. THE respondent did not even care to spend on medicines and doctor's fees for the minor. THE said expenses was borne by the petitioner and her parents. THE respondent's parents did not come and see the child when she was born and the petitioner was staying with her parents for almost 4 1/2 months and they did not invite the petitioner to come back. On the other hand, the petitioner left on her own to join the respondent. Since the respondent failed to support and to provide the minimum needs of the petitioner and the minor child, the petitioner took up employment when the child was two years old. THE respondent even went to the extent of making character assassination. THE respondent used to abuse the petitioner and indulge in beating her very often which led to the divorce between the petitioner and the respondent. In the divorce certificate, it is stated that the minor was allowed to live with the respondent and the petitioner can meet the child whenever she likes. THE respondent prevents the petitioner from meeting the minor child. THE petitioner is earning a sum of Rs.28,000/- and she is living with her parents and she has sufficient means to maintain and bring up the minor daughter. It is further stated by the petitioner that the respondent is not at all a fit person to be given custody of the minor and she is entitled to be declared as guardian and given custody of the minor. THErefore, the petitioner would request this Court to declare her as the guardian of the person of the minor Maria Yusuf Khasamwala and also for such other reliefs.

(3.) THE petitioner is the mother and the respondent is the father of minor female child Maria Yusuf Khasamwala. THE petitioner had examined herself as PW.1 and had produced Exs.P1 to P16 in support of her case and the respondent examined himself as RW.1 and had produced Exs.R1 to R9 in order to substantiate his defence.