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Karim Chand Patel (Shaikh) vs Niyazmunbi Karim Patel on 30 January, 2020

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

906 WRIT PETITION NO.5843 OF 2019
WITH WP/6611/2019

KARIM CHAND PATEL (SHAIKH)
VERSUS
NIYAZMUNBI KARIM PATEL
…..
Advocate for Petitioners : Mr. Kale Mahesh P.
Advocate for Respondent-sole : Mr. N. D. Kendre
…..

CORAM : V. K. JADHAV, J.

DATED : 30 th JANUARY, 2020
PER COURT:-

1. Heard both sides.

2. By order dated 23.5.2019, this Court [Coram: A. M. Dhavale, J.

(Vacation Court)] has directed the petitioner in writ petition No. 5843

of 2019 to hand over custody of the youngest child Arman to the

respondent wife before the District Judge, Ambajogai on 27.5.2019 at

11.00 a.m. By order dated 10.6.2019, this Court (Coram: Ravindra

V. Ghuge, J.) has recorded a statement made on behalf of the

petitioner-husband that he had handed over custody of two years old

child to the respondent-wife and complied with the directions of this

Court set out in the order dated 23.5.2019.

3. It appears from the submissions made on behalf of both the

parties that the main application bearing Civil Misc. Application No.

29 of 2019 preferred by the respondent-wife for custody of the minor

children under Section 25 of Guardians and Wards Act, 1890 is still

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pending before the learned District Judge, Ambajogai and these two

writ petitions came to be filed as against the interim orders.

4. By consent, the interim arrangement made under the order of

this Court dated 23.5.2019 shall remain continued till disposal of Civil

M.A. No. 29 of 2019 and the respondent-wife (original applicant) shall

not press interim order to the extent of custody of other two children

as a measure of interim custody.

5. Needless to say that the custody of those two remaining

children shall remain with the petitioner herein (father) till disposal of

Civil M.A. No. 29 of 2019 and custody of the youngest child Arman

shall remain with the respondent herein (mother). However, the order

regarding interim maintenance shall remain continued till disposal of

Civil M.A. No. 29 of 2019.

6. The learned District Judge shall dispose of pending Civil M.A.

No. 29 of 2019 as expeditiously as possible, preferably within a

period of four months from today. The order passed below Exhibits

27 and 32 are hereby quashed and set aside and the writ petition No.

5843 of 2019 is hereby allowed to that extent.

7. Both the writ petitions are disposed of with the aforesaid

directions.

( V. K. JADHAV, J.)
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