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IN THE HIGH COURT OF JUDICATURE AT MADRAS
J.Nisha Banu, S.Sounthar, JJ
Mrs.Samsunisha – Appellant
Versus
Nowshath Bebum – Respondent
| Table of Content |
|---|
| 1. petitioner's argument about child abduction (Para 2) |
| 2. mother's custody rights and circumstances of child removal. (Para 3 , 4) |
| 3. habeas corpus allows for exceptional custody reviews (Para 5 , 6) |
| 4. welfare of the minor and application of muslim law. (Para 7) |
| 5. mother's right to custody under islamic law (Para 8) |
(By J.Nisha Banu,J.)
This petition has been filed for a direction to the 1st and 2nd respondents herein to produce the body or in person of the petitioner's daughter, namely, Ziya, aged about 3 years, who is now under the illegal custody of the 3rd respondent and and handover her to the petitioner.
2. The case of the petitioner is that the petitioner got married one Mr.Ershath Ahmed and was blessed with a girl baby. Thereafter, matrimonial dispute arose and the petitioner was subjected to harassment for want of more jewels as dowry and she was thrown out from matrimonial home and her husband went abroad to work. While she was residing in her matrimonial home along with her child, the 3rd respondent who is the mother-in-law of the petitioner came to the petitioner and made her to file a suit for divorce under life threat, which constrained the petitioner to f
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