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2018 Supreme(Mad) 73

A.SELVAM, P.KALAIYARASAN
M. Alauddin Batcha – Appellant
Versus
Rahmathunisa – Respondent


Advocates Appeared:
For the Appellant :N. Ishtiaq Ahmed, Advocate.
For the Respondent:R. Kannan, Advocate.

JUDGMENT :

P. KALAIYARASAN, J.

1. This Civil Miscellaneous Appeal has been filed by the husband / father challenging the order, dated 13.08.2015 of the Principal Family Court, Coimbatore, rejecting the plea for permanent custody of the ward in G.W.O.P.No.827 of 2013 to the appellant / father.

2. The appellant / husband as petitioner filed G.W.O.P, seeking custody of his son Mohammed Ashfaq, aged about 7 years by appointing him as legal guardian. It is averred in the petition that he married the respondent Rahamthunisa on 11.05.2005 as per Muslim religious rites and customs and they were blessed with a male child, Mohammed Ashfaq born on 12.06.2007. The respondent developed misunderstanding without any reason and deserted the appellant / husband abruptly and left for her parental house in Narasimha Naickenpalayam, Coimbatore with the minor son. The appellant's attempt for joint living was of no use. The ward enters the age of 7 years as on 12.06.2013 and the appellant / petitioner is having a legal right as a father of his male child. The petitioner has taken insurance in the name of his son and he is also depositing periodical amount in the account of City Union Bank, Coimbatore for t










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