AYISHA BEGUM Vs. M.SULAIMAN ALI

JUDGEMENT

(1.) This appeal is directed against the order of the learned Single Judge dtd. 7/4/2022 passed in O.P.No.1079 of 2019 in and by which, the application for custody of the minor child namely S.Shuayb Ali, aged about five years, is directed to be handed over to the respondent / father from the custody of the appellant / mother.

(2.) The brief facts leading to the filing of this appeal are that, the parties got married on 31/7/2016 and the male child was born on 3/6/2017. The parties are not living together in view of marital discord. While so, there was a proceeding before the jamaat on 26/1/2019 and it is stated that the appellant / mother had agreed that she will not re-marry during the khula period and in case of re-marriage or leaving India, she will handover the custody of the child to the respondent / father. Complaining that in the teeth of the said agreement, the appellant / mother had re-married and left India and also the custody of the minor child is also with her, an application for custody is filed.

(3.) Heard Mr.A.M.Venkata Krishnan, learned counsel appearing on behalf of the appellant and Mr.S.Kanmani Annamalai, learned counsel appearing on behalf of the respondent.