A woman lost custody fight with the child’s grandmother after the court determined she was too busy to care for her daughter or respond to her emotional needs. The girl also refused to return to her mother throughout the trial and showed a wish to live with her grandma.
The Minor Sharia Court also took into account a sociological research report that confirmed the lady as a frequent traveller who puts the kid in the care of domestic employees when she is abroad. According to the study, the child was in great emotional torment from a young age due to a lack of maternal care.
The verdict came in a case filed by the grandmother after the kid’s mother unexpectedly dropped her at their doorsteps with a driver late one night. Lawyer Fatima Mejairan, who represents the grandma, claims the mother took the kid away after she and her husband separated and she married another.
Unfortunately, the woman’s frequent trips made her unable to care for the child, prompting her to abandon the child late at night at her ex-husband’s residence. The Court found that ‘Custody’ is defined in Article 123 of the Family Code as the ‘ability to raise and care for a child without prejudice.’
The law also requires the custodian to be a rational and trustworthy Muslim adult. If these requirements are not met, custody will be lost. A letter from the Immigration and Passports Department describing the mother’s travel pattern was also presented by the lawyer. The Court also recognised the mother’s contention that leaving the child with a driver at such a late hour constituted a failing on her part.
Furthermore, the court emphasised the child’s academic progress while in the care of the father’s family. “At this age, the child need the care, love, and support of family, which she has found in her grandmother,” the court wrote, adding, “The court, therefore, granted the grandmother’s plea for custody of the child.”