The High Court of Karnataka pronounced an important judgment with respect to a Muslim family on Tuesday, December 22. “A Muslim wife can retain the exclusive custody of her minor child when she can stay away from her matrimonial house on the grounds of her husband’s second marriage,” said Justice Krishna S Dixit.
“An argument, on the contrary, would permit an unscrupulous husband, who contracts another marriage, to pressurize his first wife to continue in the matrimonial home, eventually retaining the child in his exclusive custody. This court is of the considered view that even the visitation rights of such a father will diminish to a great extent” said the judgment order.
G K Mohammad Mushtaq had appealed to the High court to give complete custody of his 8-year-old son to him. But the High court not just dismissed his plea but also ordered him to pay a compensation of Rs 50,000 to his first wife, the other party in the case. The court has strictly told him to clear this payment within a month or it would lead to suspension of all rights of visitation granted to him earlier by the family court. The couple has around 8 cases against each other which should be resolved in the next 9 months and a report of the same should be submitted to the High Court Register General said the HC.
Mr. Mushtaq is a software professional from Bengaluru. He had married Ayesha Banu from Davanagere on March 30, 2009. The couple had a son born on August 1, 2013. Later due to various differences they decided to separate and applied for divorce. “Who of the two parents should have the custody of the child is a very complicated thing and is above the religion. He has another child from the second wife. This son from the first wife is eight years old. It is rightful for children this age to be with their mother. We cannot snatch that right from her,” said the court.
The couple has registered around eight cases including dowry harassment, mental torture, defamation, alimony, and others.
Mushtaq told the court that he is well off and can take good care of the boy. He even got an affidavit from the second wife giving consent to take care of the child. The family court had dismissed this request and allowed Mushtaq to meet his son on the first and third Saturdays of every month for four hours. He had further appealed to the High Court questioning this. The court has penalized him stating that despite having another child from the second wife and the family court permitting him to meet his son, he has wasted the court’s precious time. His appeal has also been quashed.
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