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1991 Supreme(Mad) 350

NAINAR SUNDARAM, THANIKKACHALAM
Mohd. Buhari reptd. , by his Power of Attorney Agent Babeebunissa – Appellant
Versus
Rahamathunissa – Respondent


Advocates Appeared:
For the Appellant. V. Sairam, Advocate.
For the Respondent:S.S. Sundaresan, Advocate.

Judgment :-

1. In this Letters Patent Appeal, the parents of two minor Muslim girls are quarreling as between themselves for the guardianship of the person and custody of the said minor girls. Though in the petition filed before the first Court guardianship or the properties of the minor girls was also asked for, there are no properties of the minor girls to be administered and hence the controversy centered around only the guardianship of the person and custody of the minor girls. The initiative for guardianship for the person and custody of the minor girls was taken by the mother, the respondent herein. She succeeded before the first Court. The father, the appellant herein, preferred C.M.A. No. 851 of 1989 to this Court and that came to be considered by a learned single Judge of this Court and he found no warrant for interference with the decision of the first Court and dismissed the Civil Miscellaneous Appeal. The learned single Judge directed the father, the appellant herein, and his second wife by name Habeebunnissa to hand over the minor girls to the mother, the respondent herein, on or before 19.4.1991. This Letters Patent Appeal is directed against the judgment of the learne






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