IN THE HIGH COURT OF PUNJAB AND HARYANA
(218) FAO-8545-2014 (OM)
Date of Decision: August 16, 2018.
Zeenat Aman …. Appellant
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
1 of 2
24-08-2018 00:36:27 :::
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
Miscellaneous application i.e. CM-23394-CII-2014 is also
disposed of accordingly.
August 16, 2018 (ANUPINDER SINGH GREWAL)
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
2 of 2
24-08-2018 00:36:28 :::