Bombay High CourtMCA/88/2017allowed

Ms. Samira Ibrahim Shah., v. Mr. Ibrahim Shah.,

2017-03-21Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 88 OF 2017 IN WRIT PETITION NO. 272 OF 2015 MS. SAMIRA IBRAHIM SHAH., ... Applicant

Versus

MR. IBRAHIM SHAH., ... Respondent Applicant in person.

Shri M.S. Joshi, Advocate for the Respondent. Coram:- C. V. BHADANG, J.

Date:- 21st March, 2017 P.C.:

This is an application for release of the passport of the daughter of the applicant Miss. Aleena Shah. The passport of the minor was deposited before the Registrar (Judicial) of this Court in pursuance of the order dated 17/07/2015 passed in Writ Petition No.272/2015 by which ad interim custody of the minor child was granted to the applicant subject to any further orders that may be passed by the learned Senior Civil Judge at Margao. Indisputably, the Senior Civil Judge has decided the application for custody finally by order dated 12/01/2016 in Portuguese Civil Misc. Appln. No.112/2013/I which has not been challenged by the respondent. That apart the marriage between the parties has also been dissolved by the competent Court in Dubai (UAE) which decree has been confirmed by this Court in Misc. Civil

MCA/88/2017 Application no.730/2015 vide order dated 20/10/2016.

2. Be that as it may, in the given circumstances, the learned Counsel for the respondent, on instructions, states that the respondent has no objection for release of the passport in favour of the applicant. In such circumstances and by consent of parties, the present application is allowed. The passport of minor Miss Aleena Shah lying with the Registrar (Judicial) of this Court shall be released to the applicant. The application is disposed off in the aforesaid terms.

C. V. BHADANG, J.