the child was there, because he knows beyond doubt that the mother will not let the child go and will not accept or agree to deliver the child to him. The right would have been with the father, had the mother delivered the child to him by consent and acceptance, did not object or pleaded capability, but this was not the case and she was urged to raise this case, in which case, the court must verify capability according the requirements of section (116) of the Personal Status Act for Muslims 1991 and to verify whether the appellant have a female around him who is fit for custody, this verification shall include all custody’s requirements. And for the reasons mentioned, Therefore, I believe, if my respected colleagues agree, to cancel all judgments issued by the lower courts for being contrary to this view and to refer the papers to proceed in the case in accordance with the directives of this pleading. Abdel Raheem Abdel Sayed “signed” Judge at the Supreme Court 19/08/2015 I agree. Al Tayeb Abdul Ghafoor “signed” Judge at the Supreme Court 20/08/2015 I agree. Salah Al Tijani Al Amin “signed” Judge at the Supreme Court 24/08/2015