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Karim Chand Patel (Shaikh) vs Niyazmunbi Karim Patel on 23 May, 2019

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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2 906-WP-5843-2019

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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3 906-WP-5843-2019

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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4 906-WP-5843-2019

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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