Bombay High Court
Mumtaj Ali Sultan Ahmed And Ors vs Shabnam Mumtaj Ali And Ors on 4 September, 2025
Author: Madhav J. Jamdar
Bench: Madhav J. Jamdar
2025:BHC-AS:37141 16-WP-5186-2024.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.5186 OF 2024
Mumtaj Ali Sultan Ahmed & Ors. ...Petitioners
Versus
Shabnam Mumtaj Ali & Ors. ...Respondents
Mr. Amey Deshpande h/f. Mr. Khairnar, for the Petitioners.
Mr. M. N. Sandhyanshiv, for the Respondent Nos.1 to 4.
Mr. Dinesh Haldankar, APP, for the Respondent No.5-State.
CORAM: MADHAV J. JAMDAR, J.
DATED : 4th SEPTEMBER 2025
PC:-
1. Heard Mr. Deshpande, learned Counsel appearing for the
Petitioners, Mr. Sandhyanshiv, learned Counsel appearing for the
Respondent Nos.1 to 4 and learned APP appearing for the
Respondent No.5-State.
2. The challenge in this Writ Petition is to the order dated 29 th
September 2023 passed by the learned Additional Chief Judicial
Magistrate, Court No.6, Malegaon, Dist. Nashik below Exhibit-9 in
P.W.D.V.A. No.211 of 2023 as also to the Judgment and Order dated
24th November 2023 passed by the learned Additional Sessions
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Judge, Malegaon in Criminal Appeal No.54 of 2023. By the said
order dated 29th September 2023, the Petitioner No.1-Father has
been directed to handover the custody of the minor children i.e.
Respondent Nos.2 and 3 to the Respondent No.1-Mother. The said
order is confirmed by the learned Additional Sessions Judge,
Malegaon by order dated 24th November 2023. In the Writ Petition,
the challenge also is to the order dated 16th October 2023 passed
by the learned Additional Chief Judicial Magistrate, Malegaon by
which, the defence of the Petitioner has been struck off for non-
compliance of the order dated 29 th September 2023 passed by the
learned Additional Chief Judicial Magistrate, Malegaon.
3. Mr. Sandhyanshiv, learned Counsel appearing for the
Respondent Nos.1 to 4, on the instructions of the Respondent
No.1-Mother states that she has no objection for keeping the
custody of the Respondent Nos.2 and 3 i.e. minor children with the
Petitioner No.1-Father, as the minor children have been admitted in
the school at New Delhi and she stays at Malegaon, Nashik. Mr.
Sandhyanshiv, learned Counsel further states that although, the
children are aged 7 years and 8 years, the Respondent No.1-
Mother has given consent to keep the custody with the Father as
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the children have been admitted in the school at New Delhi and
therefore, in the best interest of the children, she has decided not
to seek the custody of the children. However, he states that
frequent access of the children including phone access be given to
the Respondent No.1-Mother.
4. As far as access of the minor children to the Respondent
No.1-Mother is concerned, the following directions are passed:
(a) Every Sunday between 10:30 a.m. to 11:00 a.m.,
video call access of the children be given to the
Respondent No.1-Mother.
(b) Every month access of children for two days shall be
given at any convenient place decided by the
Petitioner No.1 and the Respondent No.1. If the access
is to be given at New Delhi or at any other place other
than Malegaon, Nashik, then the Petitioner shall pay
necessary travel and lodging and boarding charges to
the Respondent No.1.
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(c) During the school vacation overnight access of the
children shall be given four times in a year at least for
a period of four days on each occasion either at
Malegaon, Nashik or any other convenient place
jointly decided by the Petitioner No.1 and the
Respondent No.1. If the overnight access is given at
any other convenient place than Malegaon, Nashik
then the Respondent No.1 shall bear the travelling
and lodging and boarding charges of the Respondent
No.1 as well as the children. If overnight access of the
children is given at Malegaon, Nashik, then the
Respondent No.1 shall bear the travelling expenses of
the children.
5. On the condition that, the above directions concerning
access are followed, the impugned order dated 29 th September
2023 passed by the learned Additional Chief Judicial Magistrate,
Court No.6, Malegaon below Exhibit-9 in PWDVA No.211 of 2023
as confirmed by the impugned order dated 24 th November 2023 of
the learned Additional Sessions Judge is modified by directing that
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the custody of the children i.e. Respondent Nos.2 and 3 shall
remain with the Petitioner No.1-Father.
6. It is further made clear that, on the condition that the above
directions concerning access are complied with, the impugned
order dated 16th October 2023 passed by the learned Additional
Chief Judicial Magistrate, Court No.6, Malegaon is quashed and set
aside.
7. The concerned learned Judicial Magistrate First Class,
Malegaon, Nashik/Additional Chief Judicial Magistrate, Malegaon,
Nashik is requested to dispose of said P.W.D.V.A. No.211 of 2023
expeditiously.
8. Accordingly, the Writ Petition is disposed of in above terms
with no order as to costs.
[MADHAV J. JAMDAR, J.]
Digitally
signed by
SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
2025.09.04
19:18:38
+0530
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