Decided on March 30,1997

Sharon Laily Begum Jalil Respondents


A.T.M AFZAL,CJ. - (1.) These four appeals by leave arise out of the same judgment and order dated 30 August 1995 passed by a Division Bench of the High Court Division in Writ Petition Nos. 1582, 1583, 1584 and 1585 of 1995 making the Rules absolute in the first three cases and discharging the same in the last case.
(2.) Admittedly appellant No.1 Abdul Jalil of Civil Appeal Nos. 56, 57 and 58 of 1995 and appellant Mrs. Sharon Laily Begum Jalil of Civil Appeal No. 59 of 1995 were man and wife and the latter having been divorced by the former in the month of May, 1995 following a breakdown of marital relations, the question of custody of their four minor children, namely, Mohammad Nurul Alam Jalil (born on 23-4-1985) Jasmin Akhter Jalil (born on 8-9-1988). Sharlean Akhter Jalil (born on 24-4-1991) and Mohammad Shah Alam Jalil (born on 9-8-1993) became, a matter of great controversy and the mother Mrs. Sharon Laity Begum Jalil filed the aforesaid 4 writ petitions under Article 102(2) (b)(i) of the Constitution of the Peoples Republic of Bangladesh alleging that the said children were being held in custody by the father Abdul Jalil without lawful authority and/or in an unlawful manner and further seeking an order for the custody of those children.
(3.) Facts as disclosed by the mother in her writ petitions, briefly, are that, she is a British citizen having been born in England on 24-4-1968. Her father is from Bangladesh having been a member of the Dagon Bhuiyan Union Parishad and her mother being a resident in Middlesborough, England. She was married to respondent No. 1 Abdul Jail (in the writ petitions) on 12-7-1984 in England and the marriage was duly registered at the Registrars office in Rawtenstall, Hyndburn and Ressendale, county of Lancashire, England. She was a full-time house -wife engaged in bringing up her four young children as named above.;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.