MD. FARHAT RAHMAN Vs. ROOMEE TAREQUE MOUDUD

JUDGEMENT

(1.) This is a defendant's appeal, by leave, against the judgment of January 18, 2000 of the High Court Division as to an order of discharge of the Rule for default obtained in Civil Revision No.4256 of 1999 which was filed against the judgment and order dated November 14," 1999 of the Court of Nari-O-shishu Nirjatan Daman Bishesh Adalat, Dhaka (hereinafter in brief the Adalat) in Family court Appeal No. 56 of 1997 allowing the appeal upon reversing the judgment and order dated July 30, 1997 of the Family Court and the 4th Court of Assistant Judge, Dhaka, in Family Court Suit No.8 of 1995 dismissing the same on contest.

(2.) The suit was filed seeking custody of the minor child by his father.

(3.) The plaintiff, father of the minor filed the suit stating, inter alia, that he married the defendant (the appellant herein) on 14.2.1991 and a son was born on 27.10.1991, that his wife used to quarrel with him over trivial domestic matters, that the defendant left the house of the plaintiff in the last week of January, 1993 taking the minor child with her and went to her father's house, that the plaintiff divorced the defendant on 22.5.1993, that the Arbitration Council tried to effect a compromise between the plaintiff and the defendant but the same being not fruitful, the divorce took place in terms of compromise to the effect that plaintiff would pay Tk. 3,000/- to the defendant for the maintenance of the minor child and that Arbitration Council also made the award that the plaintiff would be allowed to meet his minor son once in a week, that for the last six months in spite of the award of the Arbitration Council plaintiff was not allowed to meet his son, that defendant being emotionally unbalanced and indifferent and as such negligent towards the physical and mental welfare of the minor son of the plaintiff and hence the minor should be given to the care and custody of the plaintiff for his welfare.