SAYYED RAFIQUE Vs. ASFIYA BANU

JUDGEMENT

(1.) THE appellant here impugns the judgment and order passed by the learned 3rd Additional district Judge, Nashik, on September 24, 1985 in Civil Miscellaneous Application No. 69 of 1984.

(2.) THE relevant facts giving rise to this appeal are as under;

(3.) NOW, the learned trial Judge, while being conscious of the fact that the welfare of the children was the paramount consideration of the Court, had ascertained the wishes of the children then and had noted that the children were willing to stay with the father but the learned Judge discarded their wishes holding that the children were not intelligent enough to form an independent judgment. He was also of the opinion that as per Rule 352 of the Mahomedan Law, the mother was entitled to the custody of her male child until he has completed the age of 7 years and of her female child until she has attained puberty. Accordingly, he had ordered the custody of the children to the mother.