Sunday, December 8, 2013

Muhammad v. Muhammad case brief

Muhammad v. Muhammad case brief summary
622 So. 2D 1239 (1993)


CASE SYNOPSIS
Appellant husband sought review of the judgment of the Jefferson County Chancery Court (Mississippi), which granted appellee wife custody of the couple's children and a divorce on the ground of habitual cruel and inhuman treatment.

CASE FACTS
The husband and wife lived in Michigan following their marriage. The couple subsequently moved to a Mississippi Islamic community. The wife, who was extremely unhappy, left with her children in the middle of the night and returned to Michigan. Divorce and custody proceedings were then initiated by both parties. The trial court granted the wife custody of the couple's children and a divorce on the ground of habitual cruel and inhuman treatment.

DISCUSSION

  • The trial court's judgment was affirmed on appeal, because, contrary to the husband's contention, the custody determination had not been impermissibly tainted by his view of the father's religious beliefs. 
  • The custody determination was based, among other things, on the family support, living conditions, and educational opportunities the children would have with the mother in Michigan. 
  • The court also found that the wife was entitled to a divorce on habitual cruel and inhuman treatment grounds because, while at the Islamic community, she was not allowed to travel as she pleased, she had correspondence withheld from her, her diet was restricted against her will, and she suffered physical abuse at the hands of the husband.
CONCLUSION
The trial court's judgment, which granted the wife custody of the children and a divorce from the husband on the ground of habitual cruel and inhuman treatment, was affirmed.


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