Faiza Fathima Ismath v. Mohd Mujaheed Mohiyoddin

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO CIVIL REVISION PETITION Nos.4502 of 2014 & 632 of 2015 COMMON ORDER:

C.R.P.No.4502 of 2014:

Heard the learned counsel for the petitioner and the learned counsel for the respondent.

2. The petitioner herein is the respondent in G.W.O.P.No.51 of 2013 filed by the respondent herein on the file of the Family Court-cum-Additional District & Sessions Judge, Nalgonda. The respondent herein filed I.A.No.150 of 2014 seeking a direction to visit his child on day times of school holidays, Saturday and Sunday of every week. It is an admitted case of the parties that the petitioner and the respondent are separated by decree of divorce. Now the lower Court passed an order on 01.11.2014 on the application filed by the respondent herein in I.A.No.150 of 2014 in G.W.O.P.No.51 of 2013 permitting him to visit the school where the boy is studying in between school hours once in a week and also permitted the respondent herein to visit the residence of the boy on every Saturday and Sunday of every week in the presence of the petitioner herein for the purpose of the welfare and safety of the boy. Now the main petition filed under Guardian and Wards Act, 1890, is pending consideration before the lower Court.

3. Learned counsel for the petitioner expresses difficulty in implementing the order in view of the vagueness in the order and also in view of the past relationship leading to divorce. However, now it is agreed by both the learned counsel that the respondent herein can be permitted to see the boy at the

residence of the petitioner between 5.00 P.M. to 6.00 P.M. on every Saturday and Sunday.

4. At this stage, the learned counsel for the respondent submits that the petitioner had changed her residence and it is necessary for the respondent to visit the residence of the petitioner for which purpose the address of the petitioner had to be furnished to the respondent. In the circumstances, the petitioner is directed to furnish the residential address of the petitioner to the learned counsel for the respondent for onward transmission to the respondent for the purpose of implementing this order.

5. In view of the consent expressed by both the parties, this Court is not inclined to go into the merits of the case, more particularly, in view of the pendency of the original petition pending before the lower Court.

6. In the circumstances, the order, dated 01.11.2014, passed in I.A.No.150 of 2014 in G.W.O.P.No.51 of 2013 by the Family Court-cum-Additional District & Sessions Judge, Nalgonda, is modified by directing the petitioner to permit the respondent to visit the residence of the petitioner and produce her son, Master Md. Mutasim Musad, between 5.00 P.M. to 6.00 P.M. on every Saturday and Sunday for the purpose of looking to the welfare and safety of the boy.

7. Accordingly, the Civil Revision Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this civil revision petition shall stand closed. C.R.P.No.632 of 2015:

8. This civil revision petition is filed against the order,

dated 01.11.2014, passed in I.A.No.149 of 2014 in G.W.O.P.No.51 of 2013, by the Family Court-cum-Additional District & Sessions Judge, Nalgonda. The petitioner filed the said I.A. seeking a direction to the respondent to furnish school records of their minor child for verification and taking measurements for the welfare of their minor son.

The said application was dismissed on 01.11.2014 in view of the order passed in I.A.No.150 of 2014.

9. Now in view of the order passed in C.R.P.No.4502 of 2014, no further orders are necessary in the present civil revision petition and the learned counsel for the petitioner does not press for the same.

10. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this civil revision petition shall stand closed. __________________________ (A.RAMALINGESWARA RAO, J) Date: 6th March, 2015 KL

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO

CIVIL REVISION PETITION Nos.4502 of 2014 & 632 of 2015 Date: 6th March, 2015 KL