RESHMA SULTANA SAMREEN FATHIMA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition, under Article 226 of the Constitution of India, is filed by the petitioner/wife, wherein, the following prayer is made:

(2.) We have heard the submissions of Sri M.A.K.Mukheed, learned counsel for the petitioner/wife, Sri P.Vamshidhar Reddy, learned counsel for the unofficial respondent No.5/husband and perused the record.

(3.) Learned counsel for the petitioner would submit that the marriage between the petitioner and the unofficial respondent No.5 took place on 23.08.2007 at Siddipet. During their wedlock, they were blessed with a daughter by name Arbiya Fatima, who is presently aged about 12 years and a son by name Mohammed Azlan, who is presently aged about 10 years. The couple lived happily for some time after marriage. Thereafter, the respondent No.5 started harassing the petitioner mentally and physically and ultimately she was necked out from her matrimonial home. Respondent No.5 also?pronounced single Talaq and sent legal notice to the petitioner to which, the petitioner sent reply notice requesting to handover the custody of the children, since the children were so much attached to her. Respondent No.5 avoided the petitioner and also refused to disclose the whereabouts of the children. The petitioner, after losing the hope of reconciliation, lodged a complaint, dated 21.08.2021, with respondent No.4/SHO, Siddipet I Town Police Station against the respondent No.5 and his family members, which was registered as Crime No.351 of 2021 for the offences punishable under Sections 498A of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961. The children are forcefully detained by respondent No.5 against their will, though they are inclined to live with the petitioner. Referring to Section 102(i)(a) of Mohammaden Law, learned counsel would submit that the custody of son below 7 years of age and daughter until attaining puberty shall be firstly with the mother. The petitioner is entitled for custody of the children in view of their inclination to live with her, so also according to the aforesaid statute and ultimately prayed to allow the Writ Petition as prayed for.