Principle: If a child is separated from his parents and is found by another, then the finder has to return the child to his parents. But if there is some lacuna in the issue the court has to decide with its discretion in respect of such child.
Factual Situation: Ismail, a 4 years old child in the city of Mumbai was separated from his parents Sk. Abdullah and Sk. Hasina on 2 nd February, 2004. On 14 th February, 2004 he was found by one, Mr. Ashok Sharma while he was crying.
Though Mr. Ashok was a Hindu he brought Ismail to his house and informed the local police and tried his best to find the parents of Ismail but in vain. Then Mr. Ashok kept Ismail as his son and sent him to a local masjid to read Quran as he was a Muslim and later sent him to a renowned Public School for giving him better education. The parents of Ismail did not lodge any missing report at any police station in Mumbai though they tried their best to find their child.
On 1 st January, 2012 a News Channel of Mumbai came to know about Ismail and Mr. Ashok's good act of adopting a Muslim child and educating him. They interviewed both Mr. Ashok and Ismail and the same was telecasted. The parents of Ismail while watching their TV saw their son in such News Channel and the next day they went to meet Mr. Ashok and Ismail. However, Ismail did not identify his parents and refused to go with them and Mr. Ashok also refused to surrender Ismail to them out of love and affection for Ismail.
The next day, Ismail's parents filed a case in the local court having jurisdiction to try the case for return of Ismail as they were the biological parents of Ismail. They also annexed the childhood photograph of Ismail along with them. The Court ordered for the DNA test of Ismail's parents for proof of their parental status. The DNA Report proved their Biological status. The Court then asked Ismail about his willingness to return to his parents but he bluntly refused to go to his parents and told the Court that he would stay permanently with Mr. Ashok.
(a) The parents of Ismail would succeed as they were the biological parents and their Muslim son should not stay permanently with a Hindu Family.
(b) The parents of Ismail would succeed as they identified their son and they had the childhood photograph of Ismail along with them.
(c) The parents of Ismail would not succeed as Mr. Ashok had taken every effort to return Ismail to his parents in February 2004, reported to the local police stations, was giving good care and better education to him, even educated him with Quran whereas Ismail's parents had not made any proper attempt to find him and did not ever report in the local police stations.
(d) The parents would not succeed as Ismail being Muslim was staying for more than 7 years in a Hindu Family.
The answer is (c)
After a get together every person present shakes hands with every other person. If there were 105 hand shakes in all, how many persons were present in the party?
The answer is (c).
An office has as many four-legged chairs and as many four-legged tables as workers, and as many three-legged stools as four legged almirahs. If the number of stools be one more than the number of workers and the total number of legs be 585, the number of workers in the office are
The answer is (b).