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2013 Supreme(Jhk) 320

D.N.PATEL, SHREE CHANDRASHEKHAR
Samiur Rahman Ansari – Appellant
Versus
State of Jharkhand – Respondent


Advocates appeared:
For the Petitioner: Mr. Mukesh Kumar.
For the State: Mr. R. Mukhopadhyay.

Judgment

D.N. Patel, J.

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.

2. Counsel for the petitioner has submitted that, as per Section 352 of the Mohammedan Law, the custody of the minor daughter mafeesa 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 is unable to point out, how the custody of minor girl; aged about six years, with his mother is illegal custody. The Mohammedan Law i







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