Karnataka HC overturns the person’s plea for custody of his little one and asks him to pay compensation of 50,000 rupees

The Karnataka Supreme Court passed an important ruling on Tuesday, December 22nd, regarding a Muslim family marriage, ”said Judge Krishna S. Dixit.

“To the contrary, an argument would allow an unscrupulous husband who enters into a new marriage to pressure his first wife to continue at the marital home and ultimately to keep the child in his sole care. This court is of the opinion that even such a father’s right to visit is severely restricted, ”the judgment said.

GK Mohammad Mushtaq appealed to the High Court to give him sole custody of his 8-year-old son. But the High Court not only rejected his plea, but also sentenced him to pay his first wife, the other party to the case, 50,000 rupees in damages. The court has strictly told him that he must release this payment within one month, otherwise it would lead to the suspension of all visiting rights previously granted to him by the family court. The couple have about 8 cases against each other that should be resolved over the next 9 months and a report should be filed with the High Court Register General, the HC said.

Mr. Mushtaq is a software professional from Bengaluru. He married Ayesha Banu from Davanagere on March 30, 2009. The couple had a son who was born on August 1, 2013. They later decided to split up due to various differences and filed for divorce. “Who of the two parents should have custody of the child is a very complicated matter and is above religion. He has another child from the second wife. This first wife’s son is eight years old. It is lawful for children of this age to be with their mother. We can’t snatch that from her, “said the court.

The couple have recorded about eight cases including dowry harassment, mental torture, defamation, livelihood, and others.

Mushtaq told the court that he was fine and that he could take good care of the boy. He even got an affidavit from the second woman who agreed to look after the child. The family court dismissed the motion and allowed Mushtaq to meet his son for four hours on the first and third Saturdays of the month. He had further appealed to the High Court to question this. The court punished him on the grounds that he wasted the precious time of the court in spite of the fact that he had another child from the second wife and the family court allowed him to meet his son. His appeal was also rejected.

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