Faiz Mohamed V. Elsie Fathumma

1942 Present: Wijeyewardene J.

FAIZ MOHAMED v. ELSIE FATHUMMA.

IN THE MATTER OF AN APPLICATION FOR A WRIT OF Habeas Corpus.

Muslim Law-Custody of child-Right of father-Writ of Habeas Corpus.

Under the law applicable to the Hanafi sect of Muslims the father is entitled to the custody of a male child on the completion of the seventh year, unless there are strong grounds for interfering with his right.

THIS was an application for a writ of habeas corpus.

S. A. Marikar, for petitioner.

E. D. Cosme, for respondent.

November 12, 1942. WIJEYEWARDENE J.-

This is an application for the custody of a male child. The petitioner is the father of the child. He is a Baluchi belonging to the Hanafi sect of Muslims. The second respondent, the mother of the child, is a member of the Burgher community. She was a Christian until her marriage when she became a convert to Islam. The child was born on September 27, 1935. The petitioner and the second respondent lived together for a few months after their marriage and then separated. In June, 1936, the petitioner applied for the custody of the child and his application was refused by this Court

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