MOHD BUHARI Vs. RAHAMATHUNISSA

JUDGEMENT

(1.) IN this Letters Patent Appeal, the parents of two minor Muslim girls are quarreling as between themselves for the guardianship of the person and custody of the said minor girls. Though in the petition filed before the first Court guardianship or the properties of the minor girls was also asked for, there are no properties of the minor girls to be administered and hence the controversy centered around only the guardianship of the person and custody of the minor girls. The initiative for guardianship for the person and custody of the minor girls was taken by the mother, the respondent herein. She succeeded before the first Court. The father, the appellant herein, preferred C.M.A. No. 851 of 1989 to this Court and that came to be considered by a learned single Judge of this Court and he found no warrant for interference with the decision of the first Court and dismissed the Civil Miscellaneous Appeal. The learned single Judge directed the father, the appellant herein, and his second wife by name Habeebunnissa to hand over the minor girls to the mother, the respondent herein, on or before 19.4.1991. This Letters Patent Appeal is directed against the judgment of the learned single Judge and has been preferred by the father.

(2.) WHEN the Letters Patent Appeal came up for admission on 12.4.1991, Mr. S. Sundaresan took notice for the mother. We deemed fit to summon the presence before us of the minor girls to find out their attitude; and we directed the mother and the second wife of the father, who is also his power agent to be present before us. The matter was adjourned to be heard today. The matter has been taken up today. We have heard the submissions of Mr. V. Sairam, learned counsel for the father and Mr. S. Sundaresan learned counsel for the mother. We are disposing of the Letters Patent Appeal on merits.