MOHD. ARSHAD Vs. MOHD. AZHAR

JUDGEMENT

(1.) The dispute in this writ petition is regarding the custody of Mohammad Arshad, aged about two years. Mohammad Arshad is in the custody of opposite party No. 1 Mohammad Azhar who is his father.

(2.) Smt. Salma Bano filed this petition praying for custody of Mohd. Arshad and for directing the opposite parties to deliver the child to her.

(3.) Smt. Salma Bano was married to the opposite party No. 1 Mohd. Azhar on June 10, 1982. She claimed that she was deserted by her husband in June, 1983 and that Mohammad Arshad was born of their wedlock. She was asked to return back on 23rd March, 1983. She moved an application to the District Magistrate on Aug. 5, 1985, for help and then presented the present writ petition on Oct. 3, 1985.