111.
Where those entitled to custody are equal in one degree, whoever may be the fittest thereof shall have
precedence.
Conditions of Custodian
112.
There shall be required of a custodian the following conditions namely: (a)
majority;
(b)
sanity;
(c)
honesty;
(d)
ability to breeding the ward, maintenance and care thereof;
(e)
safety from infectious diseases.
Supplementary conditions of custodian
113.
There shall be required of a custodian, in addition to the conditions, mentioned in section 112, the
following conditions, namely: (a)
where she is female, that she shall be: (i)
a uterine relative of prohibited degree of the ward, where he is a male;
(ii)
without a husband, who is a stranger to the ward, with whom he has consummated marriage, unless the
court has considered otherwise for the interest of the ward;
(b)
where he is a male that he shall: (i)
have with him whoever may be fit for custody from women;
(ii)
be of a prohibited degree of uterine relationship to the ward, where the ward is a female;
(iii)
be united with him in religion.
Religion of the ward
114.(1) The ward shall follow one of the parents being of the better religion.
(2) Where female custodian is not of the same religion of the father of the Muslim ward, her custody shall lapse by
the ward attaining the fifth year of his age, or upon fear of utilizing the custody thereby to rear the ward otherwise
than of his father's religion.
Women custody
115.(1) Women custody of the male infant shall continue up to seven years and for a female infant, to nine years.
(2)
The judge may permit women custody of a male infant, after seven years up to the age of maturity; and for
female infant, after nine years, up to consummation of marriage, where it transpires that interest of the ward
requires the same.
Fitness for custody
116.(1) Where the female custodian rebuts the suit of covering the ward by fitness for custody and sets forth the
ground thereof the covering suit shall be dismissed; otherwise the sanguineous relative shall take the oath upon her
application; where he takes the oath, covering shall be decreed thereto otherwise his suit shall be dismissed.
(2)
Setting forth the ground of fitness shall require that the custodian has such characteristics as may exceed
the characteristics of the sanguineous relative.
(3)
The court may assume inquiry by itself on the fitness ground.
Custody upon the mother leaving the matrimonial home
117. Where the mother leaves the matrimonial home for a dispute, or otherwise custody shall be there for, and the
mother shall be bound by custody, where the ward is suckling, unless the judge considers otherwise thereon.
Duty of the father and otherwise of the ward Guardians
118. The father, or otherwise of the ward guardians shall consider his affairs and discipline, direction and
education, and shall not spend the night, save with his female custodian, unless the judge considers otherwise.
Travel with the ward
119.(1) No custodian shall travel with the ward inside the country, save upon his guardian's permission.
(2) A custodian, where she is the mother may travel with the ward to her home land, wherein she has been wedded.
Non-custodian travel with the ward
120.
No guardian whoever he may be, or otherwise shall travel with the ward during the custody period, save
upon permission of his female custodian.
Lapse of the right of a custodian to custody
121.
A custodian right to custody shall lapse in any of the following cases namely (a)
default of any of the conditions mentioned in sections 112 and 113;
(b)
residence of a new female custodian with one female, whose custody has elapsed by a reason other than
bodily disability;
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