Smt. Farha Khan v. Irfan Ur Rahim Khan

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(227) No. 119 of 2018 Smt. Farha Khan, D/o. Late Anish Hasan Khan, Aged About 42 Years, R/o. Jatiya Talab, Om Nagar, Jarhabhata, Bilaspur, Present Address- Flat No. 203 Second Floor, C.K. Heights Chadda Badi, Nehru Nagar, Bilaspur, Tahsil & District Bilaspur Chhattigarh.

---- Petitioner

Versus

Irfan Ur Rahim Khan, S/o. Anwar Ur Rahim, Aged About 54 Years (wrong mention order sheet 64), R/o. E-1, Nutan Colony, Sarkanda, Bilaspur, Tahsil & District Bilaspur Chhattisgarh.

---- Respondent --------------------------------------------------------------------------------------------------- For Petitioner :

Smt. Indira Tripathi, Advocate For Respondent :

Smt. Hamida Siddiqui, Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 12.03.2018 Heard 1.

Learned counsel for the petitioner would submit that on an application to meet the children, it was ordered by the Family Court that the petitioner mother would be allowed to meet son namely Arhan Khan in the Children Room (Kilkari Room) on every fourth Saturday. She submits that such meeting do not serve the purpose and object as the respondent makes his presence and interference is made. It is stated that the girl child who is with mother is allowed to be kept by father for a day or two and likewise order may be passed.

2.

Learned counsel for the respondent opposes the submission. 3.

Perused the order. The instant petition is by a mother to meet her son. Considering the nature of this case, if mother wants to meet the son and wants to keep him for some time, it can always be

encouraged. The meeting in the Court premises that of a mother and minor son would always be meeting on paper without the actual purpose being served. The meeting in the Court premises in presence of crowd do not serve the actual cause of interchange of affectional. The motherly love can not be a part-time affair. Therefore, looking to the circumstances, the writ petition is disposed of with a direction that the petitioner shall be allowed to keep her son from the Saturday morning till Sunday evening. The son Arhan shall be kept in the custody of the mother, the petitioner herein, during that period and in the evening of Sunday the son would be returned to the respondent father.

4.

With such observation and modification of the interim order dated 12.01.2018, the writ petition stands disposed off. Sd/- (Goutam Bhaduri) Judge Ashok