NURJEHAN Vs. SULTAN AHMED

JUDGEMENT

(1.) THIS is an application of one Nurjehan, the mother of the minor mentioned in the petition, for delivery of the custody of the minor to her.

(2.) IT appears that prior to the petitioner Nurjehan's marriage with the respondent he was married to another lady who was at the time of Nurjehan's marriage absent from the house of the respondent. Nurjehan discovered the existence of the first marriage of the respondent subsequent to her marriage with the respondent. The parties appear to have lived together for some time and it is alleged in para. 5 of the petition that on July 31, 1957, the respondent drove the petitioner out of the house though she was pregnant at that time after snatching away the minor child from the petitioner's hands.

(3.) AS regards this contention made by Mr. Chitre, it appears to me that both the sides appearing before me are poor and there is no question of a very rich existence for the child with either of the parties. Since the mother wants the child to be with her1 and since both her brothers are willing to give an undertaking as mentioned above, I do not see how the child being left with the father is to be more benefited than its being with the mother.