MAHMOOD FATIMA Vs. MOHD. QUTHBUDDIN

JUDGEMENT

(1.) The petitioner before this Court is the mother of the child Arifa. The respondent is the father. The respondent has divorced the wife, and the custody of this child has been in dispute. A civil suit filed by the petitioner herein for the custody of this child Arifa went against her, while the father, the respondent herein thus got the decree in his favour for the custody of the child. Arifa was therefore left with the father till 27th May 1958, when she and her two brothers went to the house of the mother having been sent by the father. After the vacation the two boys were sent to the father, but not Arifa.

(2.) According to the mother, Arifa has refused to go to the father alleging, that she is not able to bear the treatment given by her step-mother and is inconvenienced by the conduct of her aunt's son who is with her father. This information was conveyed by the mother to the father in a letter written on 9-6-1958; and it is now alleged that the father did not send any reply thereto. Therein it is stated that the three children came away on 27th May 1958 having been sent by the father in order to avoid inconvenience to them caused by quarrels in the father's house.

(3.) As already stated, the unwillingness of Arifa to go back to the father's house is for two reasons, viz., the ill-treatment by the step-mother and aunt, and the pranks of her aunt's son. Nevertheless the father conceived the idea of filing this application under Section 552, Criminal Procedure Code, on 18th June 1958 before the Chief City Magistrate, Hyderabad, and obtain an order in his favour. The mother thereafter filed this revision case and obtained a stay in regard to the execution of the lower court's order.