In the Name of Allah, Most Gracious, Most Merciful Sudan judiciary Court of Appeal Khartoum No. M A/A S Sh/2671/2016 Court District: MS. Sana Alfadil Khogali Eman Moawia Ibrahim Saif Eldeen Abd Alwhab Ali Parties: Altigani Hussain Mustafa Appellant Against Samar Muhammad Ali Muhammad Appellee The appealed judgement issued by the Khartoum Court, in the lawsuit issued with number (267/G/2016). The Judgement The court of south Khartoum issued a decision that the judge rejected the Appellant's lawsuit, which was previously accepted pro forma, and the Appellee was given the opportunity to respond. The Appellee has responded, and the case is now ready to be decided on. The facts are summarized in that, the Appellant applied to the trial court, calling for his daughter's custody to be dropped, because of the custody holder [mother] entering into marriage with a person considered to be a stranger to his daughter, who is three years old. The Appellee responded, acknowledging that she got married, but did not have children with the new husband, and that she is wholly committed to the care of her [daughter]. She stated that the plaintiff is married to another wife with whom he lives, and that he has a child [from that marriage] and also lives with his mother in Al-Salha area, and that his mother is a frequent traveler between the city of Aldweem and Saudi Arabia. [The Appellee] thus requested the lawsuit be rejected and issued a judgement in her custody’s favor. The Appellant confirmed that his mother resides in Al-Salha area and that she has no other commitments, but he denied she is a frequent traveler; he stated her house consists of two bedrooms connected with two verandas, and a big yard with a room that he lives in with her children. He insisted on his request to deny the Appellee’s custody. The Court proceeded by instructing the defendant to provide evidence confirming her eligibility for the custody. A hearing of the evidence of eligibility was completed, and accordingly the court made its decision in her favor. Therefore the plaintiff filed this appeal, in which the following reasons were presented: The trial court wasn't right when decided in favor of Appellee based on the age of the child as two years old, and that she is sick, according to documents submitted, and that her mother is wholly committed to care for her. But based on submitted documents, under article (113) of law of the personal status of