ABDULSATTAR HUSEN KUDACHIKAR Vs. SHAHINA ABDULSATTAR KUDACHIKAR

JUDGEMENT

(1.) THIS is an appeal against the judgment and decree dated September 20, 1994 directing the father to hand over the custody of the minor son Mohammad Wasim to the mother Smt. Shahina Abdulsattar Kudachikar. There is no dispute before me that the original application was made by the mother under section 25 of the Guardians and Wards Act, 1890. On evidence being led, the trial Court has come to the conclusion that the mother was entitled to the custody of the child. Consequently, Miscellaneous Civil Application No. 81 of 1994 for custody has been allowed. Hence, this appeal.

(2.) A few admitted facts necessary for the disposal of this appeal may be stated as under: the parties are Sunni Muslims and were married at Pune on 17th November, 1988. The father is working as a Medical Representative with Ebers Pharmaceuticals Limited and gets a salary of Rs. 4,500/- per month. He is stationed at Miraj in Sangli District, but from the very nature of his job he is required to travel around. The mother is working with the Telecommunications Department at Sangli and gets Rs. 3,000/- per month as her salary. On 7th May, 1990 son Mohd. Wasim was born out of the wedlock. On 15th August, 1991 daughter Heena Kausar was born. On 15th May, 1994 the appellant gave talaq to the respondent and there is no dispute before me that on April 20, 1995 he has married one Noorjehal Tahasildar.

(3.) MISC. Civil Application No. 81 of 1994, out of which this appeal arises, was filed by the mother on 13th June, 1994 for custody of her son Mohd. Wasim. The mother alleged in her application that in accordance with the Personal Law applicable to the parties, she was entitled to the custody of her son. The appellant was already having an affair with Noorjehan Tahasildar when the application was filed on the 13th June, 1994 and now he has married her on April 20, 1995. The mother complained that the child was snatched from her custody and was illegally detained by the father in his custody. The child needed mothers care, love and affection. Since the child was below 7 years of age, she was entitled to custody of her male child. She was able to look after her son and the welfare of her son was safer with her.