DR. MD. RASHIDUL ISLAM Vs. MORSHEDA PARVEEN

JUDGEMENT

(1.) This appeal by leave is directed against the judgment and order dated 14.11.2001 passed by a Single Bench of the High Court Division in Civil Revision No. 2519 of 2000 making the Rule absolute.

(2.) Short facts are that the plaintiff filed Family Court Suit No. 100 of 1998 under section 25 of Guardian and Wards Act, 1890 against the defendant for custody of his two minor sons. The plaintiff married the defendant on 14.12.1988 and in the wedlock one son was born on 30.07.1991 and another son was born 31.07.1996. The plaintiff divorced the defendant on 18.12.1997 and she left the plaintiffs house and went to the house of her father in the District of Rangpur taking with her two minor sons and has been living there. The plaintiff appellant is a registered Doctor and has been serving in the Government Mohammad Ali Hospital at bogra. After the divorce he has been sending money and clothes for his two minor sons but the defendant refused to accept those. The further contention of the plaintiff is that the defendant and her father has no capacity to educate and to maintain the two minor sons properly. Therefore, on 08.01.1998 the plaintiff sent his mother and cousin to bring his sons from the defendant and her father but they refused. In the circumstances, the plaintiff was constrained to bring the suit.

(3.) The defendant contested the suit by filing a written statement and contended, inter alia, that after divorce the plaintiff had driven her away from his house along with two minor sons and thereafter the defendant has been living at Mohammadpur in Dhaka where she has been working as a school teacher and her elder son is admitted in class-1 in the school where she has been serving and she has been taking good care of her sons and the plaintiff did not take care of his sons and paid no money for their maintenance. The defendant filed a suit being No. 228 of 1998 in the Family Court and the Court of Assistant Judge, 1st Court, Dhaka to keep her two sons in her custody but the suit was dismissed. The defendant's further contention is that she has means to maintain her two sons and hence the present suit is liable to be dismissed.