Jharkhand High Court
Bibi Johra Khatoon @ Meenu @ Johra ... vs Rahamtulla Ansari on 23 December, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
First Appeal No. 9 of 2021
Bibi Johra Khatoon @ Meenu @ Johra Parween Appellant
Versus
Rahamtulla Ansari ... Respondent
CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh
Hon'ble Mrs. Justice Anubha Rawat Choudhary
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For the Appellant : Mr. Purnendu Sharan, Advocate
For the Respondent : Mr. Manoj Kumar Sah, Advocate
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06/23.12.2021 Heard learned counsel for the parties on the prayer for
condonation of delay of 479 days in preferring the instant memo of appeal
made through I.A. No. 1222 of 2021.
The defendant in Original Suit No. 165 of 2018 is the appellant
herein, who is aggrieved by the impugned judgment dated 27.09.2019 passed
by the learned Principal Judge, Family Court, Godda whereby the suit for
custody of two minor children namely Aysha(daughter) and Saifulah
Ansari(son) instituted under the Guardian and Wards Act 1890 read with rule
147,148,165 of Chapter-14 of Mohammadan Law has been allowed with
visitation rights to the defendant/ appellant herein.
Appellant being the divorced wife of the respondent is aggrieved
by grant of custody of two minor children, namely, Aysha (daughter) and
Saifulah Ansari (son) aged about 9 years and 8 years respectively to the
petitioner-father -respondent herein with visitation rights in favour of the
appellant.
Learned counsel for the appellant submits that the appellant being
lady could not prefer the appeal within time though she had been pursuing the
case with due diligence all along before learned Family Court. It is submitted
that the minor children are still in the custody of the appellant. As such, the
delay may be condoned, so that the main issue relating to custody of children
may be adjudicated in appeal.
Learned counsel for the respondent has opposed the prayer. He
submits that the grounds taken in Paras- 4 & 5 of Interlocutory Application are
not correct since limitation had expired on 4 th November, 2019 itself much
before lock down. The plea of lock down is not available to her.
We have considered the submission of learned counsel for the
parties and taken note of their rival pleadings in support and opposition to the
prayer. The issue concerns the custody of two minor children, who are
presently residing with the appellant, though it has been granted in favour of
respondent-father. The parties are divorced.
Considering the issue of custody of minor children, we are
inclined to condone the delay also taking into account interregnum period of
lock down due to COVID-19. Accordingly, delay is condoned. I.A. stands
disposed of.
Appellant shall file an affidavit disclosing the present status of the
education of the minor children and sources of her income from where she is
maintaining them. Let such an affidavit be filed by 10th January, 2022.
Appellant will also have medical check-up including blood
investigation on general parameter such Haemoglobin etc. of two minor
children from Saddar Hospital, Godda and enclose the medical report.
Let the matter appear on 17th January, 2022. Let the parties appear
on that date. Appellant should also come with minor children.
Meanwhile, call for Lower Court Records from the Court of
learned Principal Judge, Family Court, Godda in connection with Original Suit
No. 165 of 2018.
(Aparesh Kumar Singh, J)
(Anubha Rawat Choudhary, J)
Jk/
