RAHIMULLAH CHOUDHURY vs MRS. Sayeda HELALI BEGUM AND Other — 1974 SCMR 305

Citation: 1974 SCMR 305

Court: Supreme Court of Pakistan

Year: 1967

Decision Date: 1967-11-23

Parties: RAHIMULLAH CHOUDHURY vs MRS. Sayeda HELALI BEGUM AND Other

Headnotes

Case cited as 1974 SCMR 305

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Dr. Sheikh Abdul Rahman, Muhammad Yaqub Ali Khan Title: RAHIMULLAH CHOUDHURY vs MRS. Sayeda HELALI BEGUM AND Other Case No.: Civil Appeal No. 24 of 1966F. M. T. No. 122 of 1965 Date of Judgment:1967-11-23 Reported As: 1974 SCMR 305 Result: Appeal dismissed JUDGMENT JUDGMENT MUHAMMAD YAQOOB ALI, J.-This appeal raises the question whether under Muslim Law a mother loses the hizanit of her children of tender age if she, removes them from the ordinary place of residence of the father and that it shall be deemed to be in their welfare, to return them into his custody. 2. That facts relevant to this order which we have been able to gather from the record are these. The appellant and respondent No. 1 were married on 7-2-1960 and had lived together for only few months in Dacca when differences arose between them and the latter went away to Chittagong and took up residence with her sister, wife of respondent No. 3, who was posted there as District and Sessions Judge. The elder boy Tarik Mahtab Rahim alias Misha was born during this period of estrangement in Chittagong on the 30th December 1960. A reconciliation thereafter took place and respondent No. 1 along with the child came back from Chittagong and resided with the appellant in Dacca for about 2 years. The second boy Jabed Salam Rahim alias Mohi was born to respondent No. 1 during this period on the 15th September 1962. On the night of 31st August 1963, the…

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