- (1.) S. P. Srivastava, J. The petitioner, father of the minor child Fareed Ahmad, aged about eight years has approached this Court in its equity juris diction under Article 226 of the Constitution of India praying for the award of the custody of his minor son to him who is at present in the custody of his mother who had been divorced within 6 days as the birth of the child.
(2.) THE change of custody sought for by the petitioner has been vehe mently opposed by the respondent mother of the child. I have heard Shri K. L. Gover, learned Counsel for the petitioner and Shri S. M. A. Kazmi, learned Counsel representing the mother, Respon dent No. 1 and have perused the record. The minor, Fareed Ahmad was born on 24th September, 1986 at Hamirpur. The petitioner asserts that he was married to Farhat Sultana Begum in the year 1985 according to the Islamic rights and soon after the birth of Fareed Ahmad he had divorced Smt. Farhat Sultana on 30th Septem ber, 1986 and since the divorce, both are living separately. It is alleged that the petitioner is living at Kanpur while Smt. Farhat Sultana at Kabarai in the district of Hamirpur.
(3.) THE petitioner claims that while the minor son, Fareed Ahmad was in his custody and perusing his studies in the Oxford Public School, Arya Nagar, Kanpur from July, 1992, he was taken away surreptitiously from the school by Smt. Farhat Sultana Begum and in spite of his best efforts, the minor has not been able to get any education and is four years behind the schedule. It has been asserted that again in April, 1994 after several efforts Smt. Farhat Sultana returned the boy to the petitioner who was got admitted in Oxford Public School, Kakadeo, Kanpur but on 2nd July, 1994 Smt. Farhat Sultana came to Kanpur and managed to take away the boy from the custody of the petitioner without his consent and took him away to Kabarai, Hamirpur. THE petitioner further asserts that in spite of repeated attempts and spending thus-sands of rupees he has not been able to give proper education to the child which has been kept away from him and taken away repeatedly by Smt. Farhat Sultana depriving him of his studies. It is also claimed that the boy has not received any education though he has attained the age of 7 years. It is further alleged that village Kabarai in the district Hamirpur is a backward area and there is no facility of education. THE petitioner further asserts that if the boy remains in the custody of his mother, he will be deprived of education and the chances of becoming a good citizen of the country. It is also alleged that Smt. Farhat Sultana has no financial means to give education to the child and future of the child will be ruined for ever, The petitioner claims that Farhat Sultana has a female child from her earlier hus band, who is living with her. It is asserted that the said female child has remained illiterate. It is further asserted that Fareed Ahmad is the only son of the petitioner and he genuinely desires to give him education for which he has the means as he is engaged in business at Kanpur. It is also asserted that the custody of Fareed Ahmad with his mother is wholly illegal and against the law and against the interest of the minor and his welfare. The assertion is that the minor has been illegally detained by Farhat Sultana who has no right to keep him in her custody.;