1 906-WP-5843-2019
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 5843 OF 2019
Karim S/o Chand Patel (Shaikh),
Age : 35 years, Occu: Business,
R/o Dhaygudu Pimpla,
Tq. Ambajogai, Dist. Beed. …Petitioner
VERSUS
Niyazmunbi W/o Karim Patel
Age : 28 years, Occu: Household,
R/o Dhaygudu Pimpla, Tq. Ambajogai,
Dist. Beed at present residing at
C/o Mahmud Patel, Gulkherda,
Tq. Ausa, Dist. Latur. …Respondent
Mr. Mahesh P. Kale, Advocate for Petitioner
Mr. Umesh B. Gite, Advocate holding for
Mr. N.D. Kendre, Advocate for Respondent
CORAM : A. M. DHAVALE, J.
(VACATION COURT)
DATE : 23rd MAY, 2019
ORAL ORDER:
1. The petitioner is a contractor from muslim religion. His wife
has left his company. They are having 3 sons, aged 7 years, 5 years
and 2 years respectively.
2. By order dated 30th April, 2019, the learned District Judge-
2, Ambajogai ordered delivery of interim custody of minor children to
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the mother under the provisions of Guardians and SectionWards Act with
rights to the husband for visitation. Since the said order is not
complied, the wife has filed an application. On the said application of
the wife, the learned Judge has passed the order of detention of the
husband in civil prison until he complies the order dated 30 th April,
2019. The search warrant was also issued. The said order is under
challenge. For the time being, the petitioner is restricting his prayers
with regard to the custody of the child and the order of committal of
civil prison for in breach of the order.
3. The petitioner has filed Writ Petition challenging the order
of delivery of custody of child, grant of maintenance and expenses of
the proceedings.
4. After hearing the learned Advocate Mr. Mahesh Kale for
the petitioner and Mr. Umesh Gite holding for Mr. N.D. Kendre,
Advocate for the respondent, it is mutually agreed that the petitioner
shall hand over custody of the youngest feeding child Arman aged 2
years to the wife within four days and as far as the custody of other
two children, one is Rahman and other is Karim, the parties will
argue the case before the Regular Court within 15 days from the
date of re-opening as per the convenience of the Regular Court and
the parties shall abide by the orders of the Regular Court. The
petitioner shall have right of visitation as per the order of the Trial
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Court. Subject to the condition, the order of committal of civil prison
and imprisonment shall not be implemented. Hence, the order :-
ORDER
The impugned order of committal of the petitioner to civil
prison and issuing search warrant for children is hereby stayed
strictly subject to following conditions :-
(i) The petitioner shall hand over custody of youngest child,
Arman to the wife before the District Judge, Ambajogai on 27th May,
2019 at 11.00 a.m. or in case of any difficulty, on the next day at
11.00 a.m.
(ii) The parties agree to argue the application for stay to the
order of interim custody, before the Regular Court within 15 days
from the date of re-opening and shall not claim adjournment except
in exceptional circumstances.
(iii) The parties shall appear before the Regular Court on 3 rd
June, 2019 for circulation as per the convenience of the Court.
(iv) If the condition for delivery of youngest child is not fulfilled,
this order shall come to an end and the learned District Judge will be
at liberty to execute the impugned order passed.
(v) The petitioner shall take by hamdast copy of authenticated
copy of this order to the learned District Judge, Ambajogai for
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compliance of necessary compliance. In case of District Judge,
Ambajogai is not working, the custody shall be given in the presence
of Incharge Judge.
[ A. M. DHAVALE ]
JUDGE
mta
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