NASEEM SHAIKH Vs. JAINUDDIN M SHAIKH

JUDGEMENT

(1.) ADMIT. Heard forthwith by consent.

(2.) THIS is a revision application against the Order dated 14th May, 1998 passed in Special Civil Suit No. 55/96/b by the Additional Civil Judge, Senior Division at Vasco-da-Gama. By the impugned order, the trial Court had directed that during the first half of the summer vacation with effect from 15th May, 1998 to 25th May, 1998 the interim custody of the minor child of the parties by name Saniya, be given to the respondent herein.

(3.) THE facts in brief relevant for the decision are that the petitioner and the respondent were married on 10th May 1985 and out of the said wedlock the said child by name Saniya was born on 14th December 1987. The petitioner and the respondent lived together till November 1993 and since December 1993 the petitioner herein started residing at her parental house alongwith her daughter Saniya. Sometime in July 1996 the respondent herein filed Special Civil Suit No. 55/96/b in the trial Court praying for custody of the minor child Saniya. Pending the hearing and disposal of the suit, the respondent herein also prayed for interim custody of the child. It was the case of the respondent that the petitioner had been leading an adulterous and characterless life and the same may affect their daughter Saniya if she is allowed to continue to reside with the petitioner. It was the further case of the respondent that the child was being brought up by the petitioner in an unhealthy atmosphere and further that the child was being deprived of motherly love and affection and, therefore, the respondent wanted to bring up the child in a healthier manner and for that reason the interim custody of the child was required to be given to him.