In The Matter Of An Application For A Writ Of Habeas Corpus By Nona Sooja

1930 Present: Jayewardene A.J.

In the Matter of an Application for a
writ of habeas corpus by Nona Sooja.

Habeas corpus-Muslim law-Custody of girl-Marriage of mother-Right of grandmother.

Under the Muslim law the right which a mother has to the custody of a minor daughter is lost on the marriage of the mother to a person not related to the minor within the prohibited degrees.

In such a case the right of custody devolves on the maternal grandmother of the girl.

APPLICATION for a writ of habeas corpus by the petitioner, the mother of a girl of 11 1/2 years. The respondents were the grandparents of the girl.

Bandaranaike (with Hanifa), for respondent.

October 13, 1930. JAYEWARDENE A.J.- The petitioner is the mother of Nona Rahuel, a girl of the age of 11 1/2 years. The respondents are the grandparents of the girl, the first respondent being the petitioner's mother, and the second respondent her father. The petitioner was first married to one Kamer, and the girl Nona Rahuel was their daughter. The petitioner divorced her first husband, the father of the child. She next married one Miskin

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