Sureiya Khatun Ruhi vs Md. Tousif Alam
2023 Latest Caselaw 15434 Ori

Orissa High Court

Sureiya Khatun Ruhi vs Md. Tousif Alam on 1 December, 2023

Author: Arindam Sinha

Bench: Arindam Sinha

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   MATA No.144 of 2022

            Sureiya Khatun Ruhi                      ....                      Appellant
                                                         Mrs. Ruchi Rajgarhia, Advocate
                                              -versus-
            Md. Tousif Alam                          ....                    Respondent


                                                   Mr. Manas Kumar Chand, Advocate
            CORAM:
                          JUSTICE ARINDAM SINHA
                          JUSTICE SIBO SANKAR MISHRA

                                           ORDER

01.12.2023 Order No.

11. 1. Ms. Rajgarhia, learned advocate appears on behalf of appellant-

wife and relies on paragraph 2 under chapter 14 in Mitra Mahomedan

Law, 2011 edition. She submits, though in Mahomedan law father alone

is the natural guardian but the mother is entitled to custody of her female

child until she attains puberty. The girl was born on 2nd November, 2013

and she has already achieved 10 years age. Any further delay in granting

her client custody would defeat her claim as the law entitles her to

custody only until the girl child attains puberty.

2. She refers to internal page 8 of impugned judgment dated 10th

May, 2022 to submit, reason for denying her client custody was on

surmise that by the end of the matrimonial dispute the minor daughter

// 2 //

might attain her puberty. Hence, it is imperative that there be an order for

granting custody of the girl child to her client.

3. Mr. Chand, learned advocate appears on behalf of respondent-

husband. He submits, his client had come to this Court premises, for

filing affidavit, when he was arrested and taken to Sambalpur and

produced. On query from Court he submits, the arrest was done three

months back and he was in custody for about three days.

4. The Registry is directed to arrange for separate examination by

Court of appellant-wife, respondent-husband and the minor daughter. The

examination will be by video conference. The persons to be examined

will present themselves in the District Court at Sambalpur at 3:00 P.M. on

7th December, 2023. It must be ensured that appellant-wife, respondent-

husband and the minor daughter are to be separately examined without

conference amongst any one of them.

5. List on 7th December, 2023 marked at 3:00 P.M.

( Arindam Sinha ) Judge

( S. S. Mishra ) Judge

Prasant

Signed by: PRASANT KUMAR SAHOO Reason: Authentication Location: Orissa High Court Date: 04-Dec-2023 10:42:49