DR.RASHEED JAMEEL SIDDIQUI Vs. DR. SMT. SADIYA HUSSAIN
LAWS(MPH)-2018-2-116
HIGH COURT OF MADHYA PRADESH (AT: JABALPUR)
Decided on February 15,2018

Dr.Rasheed Jameel Siddiqui Appellant
VERSUS
Dr. Smt. Sadiya Hussain Respondents

JUDGEMENT

S.K.GANGELE, J. - (1.) Appellant has filed this appeal against the judgment dated 30/09/2013. By the aforesaid judgment, the trial court refused to grant custody of children Mohd. Aman Siddiqui and Mohd. Fadil Siddiqui to the appellant, however, the trial court granted permission to the appellant to meet with the children.
(2.) Marriage of appellant and respondent no. 1 wife was solemnized on 28/09/2002 at Jabalpur in accordance with Muslim rituals. Appellant and respondent both lived in Barabanki, thereafter at Saudi Arabia. It is an admitted fact that appellant is working as doctor at Saudi Arabia. Respondent is also a doctor (eye surgeon). She is working at Jabalpur. Respondent was in service and served as doctor in Saudi Arabia, however, she returned back after sometime. Respondent pleaded that nature and act of the appellant was not proper. He practiced cruelty that is why she left job at Saudi Arabia and returned back to Jabalpur. At present she has a private clinic and also working in a Nursing Home. Respondent lodged report under Section 498-A against the appellant and case is pending.
(3.) Appellant sought guardianship of children on the ground that respondent is not able to maintain them properly. They are not getting good education. Appellant has sufficient means to incur the expenses of education of his children. Appellant further pleaded that his family members are living in Barabanki and he is working in Saudi Arabia and there is good facility of education to his children. Same facts have been argued by the counsel for the appellant. Learned counsel for the appellant further submitted that the trial court did not consider the statutory provisions of Section 7 and 25 of Guardians and Wards Act , 1890 while rejecting application of appellant for grant of guardian-ship and custody of minor children.;


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