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Zeenat Aman vs Rani on 16 August, 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

(218) FAO-8545-2014 (OM)
Date of Decision: August 16, 2018.

Zeenat Aman …. Appellant
Versus

Rani ….. Respondent

CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI
HON’BLE MR. JUSTICE ANUPINDER SINGH GREWAL

Present: Mr. G.S. Sandhu, Advocate, for the appellant.

Mr. M.S. Dhami, Advocate, for the respondent.

M.M.S. BEDI, J (ORAL)

Vide judgment dated 04.08.2014 passed by Additional Civil

Judge, (Senior Division), Balachaur, petition under Sections 7, 8 and 25 of the

Guardians and Wards Act to appoint the respondent Rani as guardian of

Mohammad Sameer son of late Anwar Ali, born to appellant Zeenat Aman on

16.02.2007, was allowed restraining the appellant from taking illegal and

forcible custody of minor Mohammad Sameer from the custody of respondent.

Besides this, the counter claim raised by the appellant seeking the custody of

the child, was dismissed.

The present appeal has been filed seeking the custody of the

minor child as well as for setting aside the judgment passed in favour of the

respondent pertaining to the injunction against the appellant.

When the appeal was taken up for consideration regarding the

right of the mother to visit the child or to seek the custody, counsel for both the

parties submit that they have got instructions to state that the respondent has

got no objection in case the appellant is granted visitation rights to meet the

child twice in a month.

Counsel for the appellant has submitted that at this stage he has

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FAO-8545-2014 (OM) -2-

got instructions to abandon the remaining rights except for the right to visit and

meet the child.

Counsel for the respondent has submitted that he has got

instructions to state that the respondent will have no objection in case the

appellant is permitted to meet the child twice in a month.

In the light of above submissions, an agreed order can be passed

to the effect that appellant-mother Zeenat Aman will be permitted to meet

minor child Mohammad Sameer, born out of her wedlock with deceased

Anwar Ali on 1st and 3rd Saturday of every month from 10:00 AM to 04:00 P.M

at Balachaur in the house of respondent Rani.

The appeal is disposed of with a direction that the appellant will

be permitted to meet minor child Mohammad Sameer, born out of her wedlock

with deceased Anwar Ali, on 1st and 3rd Saturday of every month from 10:00

AM to 04:00 P.M at Balachaur in the house of respondent Rani.

It is further made clear that in case of non-compliance of the

order, it will be open to any of the parties to approach this Court by filing an

application under Section 43 of the Guardians and Wards Act which permits

the Court to regulate the conduct of the parties for the welfare of the minor

child.

Miscellaneous application i.e. CM-23394-CII-2014 is also

disposed of accordingly.

(M.M.S. BEDI)
JUDGE

August 16, 2018 (ANUPINDER SINGH GREWAL)
harsha JUDGE

Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No

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