Khadija d/o Abdallah v. Saidi Omari, (PC) Civ. App. 89-D-68, 2/5/68, Biron J.

Khadija d/o Abdallah v. Saidi Omari, (PC) Civ. App. 89-D-68, 2/5/68, Biron J.

Plaintiff, a nephew of the father of an eight-year-old female child, filed this action against the mother for custody of the child. Plaintiff had written authorization from the father to take custody. The parents for the child had been divorced after the father left Tanzania for Arabia and remarried and the child has at all times lived with the mother.

            Held: It is doubtful whether the father himself would have a right to custody. [Citing Mulla, Principles of Mohamedan Law, Ninth edn. P. 212 to the effect that under Islamic law the mother is entitled to custody of her female child until the child has attained puberty, even though she has been divorced.

By her husband.] (2) The only parties who have any claim to custody of a child are its parents and this claim cannot be delegated to another relative. Therefore, plaintiff has no locus standi in the case. (3) The primary consideration is the welfare of the child: In the present case the mother has remarried, her second husband is of sufficient means, the child has lived with the mother since birth, and she appeared well cared for when seen in court. Defendant’s appeal allowed.