AHMED SHAREEF KHAN Vs. FARHAT SULTANA BEGUM

JUDGEMENT

(1.) S. P. Srivastava, J. The petitioner, father of the minor child Fareed Ahmad, aged about eight years has approached this Court in its equity juris diction under Article 226 of the Constitution of India praying for the award of the custody of his minor son to him who is at present in the custody of his mother who had been divorced within 6 days as the birth of the child.

(2.) THE change of custody sought for by the petitioner has been vehe mently opposed by the respondent mother of the child.

(3.) THE petitioner claims that while the minor son, Fareed Ahmad was in his custody and perusing his studies in the Oxford Public School, Arya Nagar, Kanpur from July, 1992, he was taken away surreptitiously from the school by Smt. Farhat Sultana Begum and in spite of his best efforts, the minor has not been able to get any education and is four years behind the schedule. It has been asserted that again in April, 1994 after several efforts Smt. Farhat Sultana returned the boy to the petitioner who was got admitted in Oxford Public School, Kakadeo, Kanpur but on 2nd July, 1994 Smt. Farhat Sultana came to Kanpur and managed to take away the boy from the custody of the petitioner without his consent and took him away to Kabarai, Hamirpur. THE petitioner further asserts that in spite of repeated attempts and spending thus-sands of rupees he has not been able to give proper education to the child which has been kept away from him and taken away repeatedly by Smt. Farhat Sultana depriving him of his studies. It is also claimed that the boy has not received any education though he has attained the age of 7 years. It is further alleged that village Kabarai in the district Hamirpur is a backward area and there is no facility of education. THE petitioner further asserts that if the boy remains in the custody of his mother, he will be deprived of education and the chances of becoming a good citizen of the country.