NOORJAHAN MAHOMED SHAIKH Vs. ALLABUKSH KARIM SHAIKH

JUDGEMENT

(1.) THE parties, by faith and practice are Muslims. Out of their wedlock, they had one daughter. After separation, both of them have remarried. Respondent-husband initiated a proceeding for custody of the child. The Family Court allowed the same. Hence this Appeal by original respondent-wife.

(2.) HEARD the learned counsel at length. As reported to us, the girl is now aged about sixteen years. Further more, the respondent has remarried and is now having children from her second husband. Her financial capacity is not disclosed as to how she will take care of the girl from her first husband, original petitioner. Having regard to the present age of the girl i.e. sixteen years, in the interest, welfare and safety of the girl, we feel that the custody of the girl ought to be with the father, who has to discharge the further responsibilities such as marriage, etc. of the girl.

(3.) THE learned counsel for the Appellant-wife prayed for three weeks time to defer the execution of this order. The prayer is rejected. Certified copy expedited.