GOHAR BEGAM versus SUGGI ALIAS NAZMA BEGAM AND OTHERS

GOHAR BEGAM versus SUGGI ALIAS NAZMA BEGAM AND OTHERS

The mother of an illegitimate Muslim female child is entitled to custody under Mohammedan Law, and refusal to return the child amounts to illegal detention under s. 491 of the Criminal Procedure Code. The existence of an alternative civil remedy does not bar relief under s. 491. The welfare of the child, in this case, does not provide justification for denying the mother’s custody.

Parties
Appellant: Gohar Begam; Respondent: Suggi alias Nazma Begam; Respondents: Respondents Nos. 1 to 4 and 6; Respondent: Respondent No. 5; Respondent: State of Bombay
Jurisdiction
India
Judgment Date
27 August 1959
Procedural Posture
Criminal Appeal / Appeal by Special Leave From the Judgment and Order of the Bombay High Court in Criminal Application No. 508 of 1958
Outcome
Appeal allowed
Legal Topics
Habeas Corpus, Custody of Illegitimate Child, Mohammedan Law, Alternative Remedy, Welfare of Child
Criminal Law Family Law Habeas Corpus Custody of Illegitimate Child Mohammedan Law Alternative Remedy Welfare of Child

Case Brief

Summary, issues, holding and outcome

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Parties

Gohar Begam

Appellant

Suggi alias Nazma Begam

Respondent

Respondents Nos. 1 to 4 and 6

Respondents

Respondent No. 5

Respondent

State of Bombay

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From the Judgment and Order of the Bombay High Court in Criminal Application No. 508 of 1958

Legal Issues

  1. 1 Whether an unmarried Sunni Muslim mother of an illegitimate female child is entitled to custody under Mohammedan Law
  2. 2 Whether refusal to return the child constitutes illegal detention under s. 491 of the Criminal Procedure Code
  3. 3 Whether an alternative remedy under the Guardians and Wards Act bars habeas corpus

Ratio Decidendi

The mother of an illegitimate Muslim female child is entitled to custody under Mohammedan Law, and refusal to return the child amounts to illegal detention under s. 491 of the Criminal Procedure Code. The existence of an alternative civil remedy does not bar relief under s. 491. The welfare of the child, in this case, does not provide justification for denying the mother’s custody.

Court Disposition

Appeal allowed

Orders

  • Judgment and order of the High Court set aside.
  • Respondents other than the State of Bombay directed to make over the custody of the child Anjum to the appellant.