FEROSE KHAN Vs. HINA KAUSER

JUDGEMENT

(1.) This application has been filed seeking to declare the petitioner as the guardian of the minor children to the petitioner.

(2.) Heard Mr.N.A.Nissar Ahmed, learned Senior Counsel appearing for Mr.N.A.Nassir Hussain, learned counsel for the petitioner and Mr.P.Sankaranarayanan, learned counsel for the respondent.

(3.) Mr.N.A.Nissar Ahmed, learned Senior Counsel appearing for the petitioner would submit that the petitioner and the respondent were married as per the Islamic laws on 31/5/2013 and they had begotten two daughters. On 17/12/2016, the respondent had dissolved the marriage by Khula. Thereafter, the petitioner remarried. According to him, the petitioner has been maintaining the minor children till date and the respondent however is not permitting the petitioner to see them. It had come to the knowledge that the respondent is intending to remarry and take the minor children abroad. He would further submit that being the father he is a natural guardian and therefore, the petitioner seeks himself to be declared as guardian and to have custody of the minor children. He would further submit that the respondent cannot deny the petitioner his right to meet the minor children.