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Mr. Wasim Javed Mohammed Jamil … vs Mrs Sadaf Naaz Wasim Javed Ansari on 26 November, 2018

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SAS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

FAMILY COURT APPEAL NO.116 OF 2013
WITH
CIVIL APPLICATION NO.169 OF2013

Wasim Javed Mohammed Jamil Ansari ..Appellant.
V/s.
Sadaf Naaz Wasim Javed Ansari ..Respondent.

Mr.Hakim Salim A.R.for the Appellant.

Ms.Shikani Shah I/b. Mr.S.R.Gaud for the Respondent.

CORAM: R.M.SAVANT AND
N.J. JAMADAR, JJ.

DATE : NOVEMBER 26, 2018

P.C.:-

The above Family Court Appeal arises out of the

judgment and order dated April 3, 2013 passed by the learned

Judge of the Family Court No.4, Mumbai in Petition No.D-

19/2010. The said judgment and order has been passed in a

petition under section 25 of the Guardians and Wards Act, 1890

and is in respect of the custody of the minor daughter Abdia, who

is born out of the wedlock between the Appellant and the

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2 41) fca116-13.doc

Respondent. The above Appeal had come up for admission on

November 18, 2013 when by an order passed by a Division Bench

of this Court on the said day in Civil Application No.169 of 2013,

interim arrangement pending the Appeal was made in respect of

the access of the minor child Abdia. The operative part of the said

order reads thus :-

“I) The applicant shall pick up the child from Mane Garden,
Nagpada on every Sunday at 10.00 a.m. and leave the child at
about 6.00 p.m. at the same place on the very same day.
Order dated 3/4/2013 is thus modified.

II) It is made clear that the applicant shall not take the child out
of Mumbai. ”

2. The learned counsel appearing on behalf of the

Appellant i.e. the husband Wasim Javad Mohammed Jamil Ansari

states that the Appellant has no objection if the custody of Abdia

remains with the Respondent. He however states that the

Respondent be directed to comply with the direction contained in

the order dated November 18, 2013 in so far as access to Abdia is

concerned. Upon this, the learned counsel appearing for the

Respondent, on instructions from the Respondent who is

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3 41) fca116-13.doc

personally present in the Court, states that the Respondent would

comply with the said direction in so far as providing access of

Abdia to the husband is concerned. Statement is accepted.

3. In view thereof, it is not necessary to keep the above

Family Court Appeal pending. The said arrangement will continue

till Abdia reaches the age of 18 years, after which she would be

free to choose with which parent she would like to reside. It is

understood between the parties that the Appellant would intimate

the Respondent as regards taking of access atleast a day prior to

taking the said access. The learned counsel for the Respondent

states that phone number of the Respondent would be provided to

the Appellant during the course of the day.

4. In the light of the aforesaid, the above Family Court

Appeal to stand disposed of.

(N.J. JAMADAR, J.) (R.M.SAVANT, J.)

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