Mulla’s Principles of Mahomedan Law
Section 357
Father and paternal male relation is entitled to custody of a boy of seven years of age:
Section 357 of Mulla’s Principles of Mahomedan Law stipulates that, father and paternal male relation is entitled to custody of a boy of seven years of age....In the case in hand the minor boy now above seven years old and it is already found that his wellbeing and betterment will be protected at the hand of his father and grandparents and as such the findings and reasonings in deciding the custody of minor boy is sustainable for welfare of the minor boy. ...Md. Ahsan Ul Monir & ors. Vs. Dr. Md. Fakhrul Islam & ors., (Civil), 15 SCOB [2021] HCD 87
It further appears that the minor boy was examined by the appellate Court wherein he disclosed that he is willing to live with his maternal grandparents and does not intend to go and live with his father. It is noticed that while the minor boy was examined, he was 6 ½ years old and after living with maternal grandparents for quite number of years, he was brought to the Court and naturally the statement made by him may not reflect true state of affairs as there is likelihood of influencing his opinion. In this context the findings of the appellate Court may not be out of context wherein the appellate court held that on perusal of the lower Courts records it is found that the minor boy was present during hearing of the Family Court Suit on some occasions but no unusual attitude of minor boy towards father was noticed. ...Md. Ahsan Ul Monir & ors. Vs. Dr. Md. Fakhrul Islam & ors., (Civil), 15 SCOB [2021] HCD 87 ....View Full Judgment