A.S.M. ABUDEEN @ JAINULABUDEEN Vs. SHAKILA BANU

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the father challenging the Order in Guardian and Wardship Original Petition in G.W.O.P No 68 of 2011 dated 18.12.2012 passed by the District Judge, Nagapattinam, granting custody of two minor sons to the mother while granting custody of one minor son to the father.

(2.) The Original petition was filed by the wife seeking the custody of all her minor sons alleging that the appellant herein, being her husband, is not fit and eligible to have the custody of their children as he had failed to take proper care of them, failed to provide proper education to the children and is involved in many criminal cases.

(3.) Per contra, the appellant claimed that the respondent had no income of her of own and was depending on contributions from her two brothers and therefore, as a father, he was entitled to have the custody of the children as per section 357 of the Mohammedan Law.