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2023 Supreme(Online)(Mad) 74387

IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.Kumaresh Babu, J
Ferose Khan – Appellant
Versus
Hina Kauser – Respondent


Advocates:
For the Appellants/Petitioners: Mr.N.A.Nissar Ahmed, Mr.N.A.Nassir Hussain
For the Respondents: Mr.P.Sankaranarayanan

Table of Content
1. petitioner claims guardianship and custody based on parental rights. (Para 3 , 4 , 5 , 6)
2. the court's observation on the natural guardianship and children’s welfare. (Para 9 , 10 , 11 , 12)
3. the court orders specific visitation rights during holidays. (Para 13 , 14)

O R D E R

This application has been filed seeking to declare the petitioner as the guardian of the minor children to the petitioner.

2.Heard Mr.N.A.Nissar Ahmed, learned Senior Counsel appearing for Mr.N.A.Nassir Hussain, learned counsel for the petitioner and Mr.P.Sankaranarayanan, learned counsel for the respondent.

3.Mr.N.A.Nissar Ahmed, learned Senior Counsel appearing for the petitioner would submit that the petitioner and the respondent were married as per the Islamic laws on 31.05.2013 and they had begotten two daughters. On 17.12.2016, the respondent had dissolved the marriage by Khula. Thereafter, the petitioner remarried. According to him, the petitioner has been maintaining the minor children till date and the respondent however is not permitting the petitioner to see them. It had come to the knowledge that the respondent is intending to remarry and take the minor children abroad. He would f

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