Uzma Afreen v. Parveen Begum
Dr. JUSTICE B.SIVA SANKARA RAO C.R.P. No.4841 OF 2016 ORDER:
The Civil Revision Petition is filed impugning the order dated 24.03.2016 passed in I.A. No.360 of 2016 in O.P. No.478 of 2016 on the file of Additional Family Judge, Hyderabad. 2) Heard learned counsel for the revision petitioner and learned counsel for the respondents. Perused the material on record.
3) The revision petitioner herein is respondent No.1 and respondents herein are petitioners in I.A. No.360 of 2016 in O.P. No.478 of 2016. I.A. No.360 of 2016 was filed seeking permission to continue the custody of the minor child and injunction order was granted on 24.03.2016 restraining the respondents 1 and 2 i.e., revision petitioner and another, not to disturb the custody of the minor child Salma Fatima @ Alina, D/o.late Salman Ali Bafla from the petitioners in I.A. No.360 of 2016 until further orders. Impugning the same, the present revision is maintained. 4) This Court is also conscious of the legal provisions, the sentiments and emotional feelings of the parties to the custodian matter, which are sensitive involving the delicate human relationship.
As the revision petitioner being the mother of the child even she is shown married another person, since wants to spend with the child, this Court feels just, after hearing and from the deliberations, to permit the revision petitioner on every working Saturday after school hours to spend with the child in the Family Court premises between 3.00 pm to 5.
Dr SSRB, J CRP_4841_2016 the child, in whose custody the child is, shall produce the child by 3.00 pm before the Family Court on every working Saturday after fore-noon school hours and the Judge, Family Court shall cause entrust the child to her mother by 3.00 pm and to see that the child be entrusted back to the grand parents by 5.00 pm and in the two hours time for the mother of the child shall spend with the child in the family Court premises. This arrangement shall go on pending disposal of the main matter, which is without prejudice to contest of both parties. The Judge, Family Court where the matter is pending shall take up the trial and dispose of the main custody matter within five months from the date of receipt of the copy of the order.
5) Accordingly and in the result, the revision petition is disposed of. No order as to costs.
6) Consequently, pending miscellaneous petitions, if any, shall stand dismissed.
_____________________________________ Dr.JUSTICE B. SIVA SANKARA RAO Dt.14.11.2016 knl