Hassen, A.R.A. V. Marikkar, C.L.M.

1953 Present: H. A. de Silva J.

A. R. A. HASSEN, Petitioner, and C. L. M. MARIKKAR et al.,
Respondents

S. C. 689 and 465-Habeas Corpus Application
 

Muslim law-Custody of children-Preferential right thereto after mother's death.

Under the Muslim law the custody of a male child remains, at least up to his seventh year, with the maternal relations, the mother being dead, and, in the case of female children, until they are married.

HABEAS corpus application.

M. I. M. Haniffa, for the petitioner.

Izadeen Mohamed, for the 2nd respondent.

Cur. adv. vult.

March 31, 1953. H. A. DE SILVA J.-

The petitioner who is the father of the 3rd, 4th, and 5th respondents asks for their custody.

The petitioner's wife, A. L. M. Khadija Umma, the mother of these three children, died in July, 1950. The 1st respondent is petitioner's late wife's father. The 2nd respondent is a sister of petitioner's deceased wife. The 2nd respondent claims the custody of these three children on the ground that on the death of the children's mother she as a maternal relative has a preferential right to their custody. The learned Magistrate to whom this matter w

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