Khalida @ Saniya Ismail Quadri vs Ismail Akmalpasha Quadri
2024 Latest Caselaw 2801 Bom

Bombay High Court

Khalida @ Saniya Ismail Quadri vs Ismail Akmalpasha Quadri on 30 January, 2024

                              1                     19-FA.348-24.odt


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

               19 FIRST APPEAL NO. 348 OF 2024
                              WITH
              CIVIL APPLICATION NO. 1183 OF 2024
                         IN FA/348/2024

              KHALIDA @ SANIYA ISMAIL QUADRI
                         VERSUS
                ISMAIL AKMALPASHA QUADRI

                              ...
         Advocate for Appellant : Mr. Mahesh P. Kale.
Adv. for Respondent : Adv. Lex Aquila Madhaveshwari Mhase.
                              ...

                             CORAM :   S. G. MEHARE, J.

                             DATE :    30.01.2024

PER COURT :-

1. Heard the learned counsel for the appellant.

2. Issue notice to the respondent, returnable on

12.02.2024.

3. Learned counsel Ms. Mhase waives service of notice for

the respondent.

4. Learned counsel for the appellant submits that the ward

was not willing to go with the respondent/father. The learned

District Judge observed in paragraph No.43 of the impugned

judgment that, "no doubt, as mentioned above, the child was

seen to be clinging his mother in the Court and was insisting to 2 19-FA.348-24.odt

be with his mother herself". Referring to this observation, he

would submit that the wish of the child was not considered.

The welfare of the child was the paramount consideration has

also been ignored. The child is only eight years old. However,

the learned District Judge directed to hand over the custody of

the ward to the respondent on or before 17.02.2024. Hence, it

may be stayed.

5. Learned counsel for the respondent states that the

matter may be listed before 17.02.2024, as she wants to take

the instructions.

6. Time granted as prayed.

7. Stand over to 12.02.2024.

(S. G. MEHARE, J.)

...

vmk/-