IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.12.2025 CORAM :

THE HONOURABLE MR.JUSTICE P.DHANABAL S.Mumtaj Begum ... Petitioner Vs Mohammed Nina Sikkandhar ... Respondent PRAYER: Original Petition is filed under Sections 7,9 & 25 of the Guardians and Wards Act, 1890 r/w Order XXI Rules 2 and 3 of the Original Side Rules praying to (i) appoint the petitioner as legal and natural guardian of the person of the minor girl child Aysha Nuzla, aged about 12 years and minor male child Mohamed Fahd, aged about 9 years and (ii) grant permanent custody of the above children to the petitioner herein.

For Petitioner : Mr. R. Abdul Mubeen For Respondent : Mr.I.Abdul Basith

ORDER

This petition has been filed by the petitioner / mother to appoint her as legal and natural guardian of the minor girl child Aysha Nuzla, aged about 12 years and minor male child Mohamed Fahd, aged about 9 years and (ii)

grant permanent custody of the above children to the petitioner herein.

2. The brief averments of the petition are as follows:-

(i) The petitioner and the respondent are husband and wife and their marriage was soleminised on 27.11.2007 and out of the wedlock, three children, namely, first son, Ahamed Salaf, second child, Aysha Nuzla and third son, Mohamed Fahd were born. Due to misunderstanding between the petitioner and the respondent, the respondent, took the children to his native at Keelakkarai and thereafter not returned. When the petitioner went to Keelakkarai to see her children, on 18.02.2020, the family members of the respondent attacked the petitioner and locked her in a room and obtained signature in the blank papers.

(ii) The respondent also married another woman at Keelakkarai and therefore, her three children have been tortured. The 2^nd wife of the respondent is not taking care of the minor children born through the petitioner. The respondent failed to discharge his obligation as dutiful father towards his children. The respondent is not in a position to provide good education and if the children are under the care and custody of the respondent, their future will get spoiled and therefore, the custody of the children have to be granted to the petitioner and she has to be appointed as legal guardian of the minor children, therefore, filed this petition.

3. The brief averments of the counter filed by the respondent are as follows:-

(i) The petition is not maintainable and the same is liable to be dismissed. The relationship between the parties are admitted. The petitioner has suppressed the material facts and approached this Court with unclean hands. The averments that due to the quarrel between the petitioner and the respondent, the respondent went to keelakkarai, where the petitioner was assaulted and the respondent’s family obtained signatures in the blank papers, are all denied as false.

(ii) The allegation in respect of alleged assault are also denied. In fact, the petitioner despite being in an illegal affair with one Ameersultan, who was her paramour and already married, which came to light to the family members and thereafter, the petitioner tried to elope with her paramour and also she attempted to commit suicide by saying that she will only live with Ameersultan. The said facts have been suppressed by the petitioner. She also suppressed her second marriage with the said Ameersultan. In fact, on 22.02.2021, the petitioner, on her own had approached Jamath and given Kula to the respondent saying that she did not want the children and the same was acknowledged by her own family members before the Jamath members. The said Kula was effected and acted upon by the petitioner and subsequently, the petitioner got married with the said Ameersultan. While the facts are being so, suppressing all the facts, the petitioner filed this petition and all the allegations levelled in this petition are all denied as false.

(iii) Further, the 1^st child, namely, Ahmed Salaf is studying in Jamiayathul Hiqma Arabic College, Pondicherry. The 2^nd and 3^rd c