SAMIUR RAHMAN ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Present writ petition is preferred for getting custody of minor Nafeesa Firdous. She is aged about six years, as per the submissions made by the counsel for the petitioner. The petitioner is a grandfather and minor Nafeesa Firdous is in custody of the mother, who is Respondent No. 4. Grandfather is alleging that custody of the minor girl aged about six years with her mother is an illegal custody, mainly on the ground that the mother-Respondent No. 4 has remarried with Respondent No. 7. Counsel for the petitioner has submitted that, as per Section 352 of the Mohammedan Law, the custody of the minor daughter Nafeesa Firdous with Respondent No. 4 is illegal and petitioner being a grandfather, he must be given the custody of the minor Nafeesa Firdous. Present petitioner has also preferred an application bearing Guardianship Case No. 95 of 2012 before the Principal Judge, Family Court, Ranchi for getting custody of minor girl Nafeesa Firdous. The said application is pending before the learned trial court. Counsel for the petitioner's unable to point out, how the custody of minor girl, aged about six years, with his mother is illegal custody. The Mohammedan Law is not at all a codified law, from where, he is reading, nothing could be pointed out by the counsel for the petitioner. Moreover, it is also submitted by the counsel for the petitioner that divorce has already been taken place between Respondent No. 4 and the son of the petitioner and at the- time of divorce, the son of the present petitioner has never demanded the custody of minor daughter. Looking to the document (page 21 of this writ petition, which is Annexure-1), clearly it has been mentioned that the minor child will remain with the mother and the present petitioner is a grandfather, aged about sixty years, cannot have a custody of minor girl. Apart from the Mohammedan Law, it is a natural law that the mother shall have a custody of minor daughter or son and it is a right of every mother to retain the custody of her child and in these circumstances especially when-

(2.) In these circumstances, welfare of a child-minor Nafeesa Firdous will not be with the present petitioner and custody of a minor girl with her mother is not an illegal custody at all. It is a natural right of a mother to retain the custody of a minor daughter or a female child.

(3.) In these circumstances, we hereby dismiss this writ petition with a cost of Rs. 2,000/- to be deposited by the petitioner with the Jharkhand State Legal Services Authority, Nyay Sadan, Doranda, Ranchi within a period of two weeks from today. Registry is directed to list this matter to point out the compliance of this order by the petitioner and the petitioner is hereby directed to deposit the receipt of the aforesaid cost given by the Jharkhand State Legal Services Authority before this Court.