Bibi Johra Khatoon @ Meenu @ Johra ... vs Rahamtulla Ansari
2022 Latest Caselaw 2560 Jhar

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                    First Appeal No. 09 of 2021

              Bibi Johra Khatoon @ Meenu @ Johra Parween--- ---        Appellant
                                                 Versus
              Rahamtulla Ansari                            --- ---     Respondent
                                                    ---

CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Hon'ble Mr. Justice Deepak Roshan

---

For the Appellant: Mr. Purnendu Sharan, Advocate For the Respondent: Mr. Manoj Kr. Sah, Advocate

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12 / 11.07.2022 Appellant has appeared today pursuant to one more opportunity granted to her by the previous order dated 29.06.2022. Appellant expressed unconditional apology as regards her statement made on affidavit dated 18.04.2022 taken note of in the order dated 26.04.2022. She undertakes to file an affidavit to that effect during course of the day. Reference may be made to the order dated 08.06.2022 which takes into account the inquiry report submitted by the District Probation Officer, Godda and Secretary, DLSA, Godda. These two reports apparently discredited the statement made by the Appellant on affidavit regarding the welfare of the children and her own occupation. Appellant is not in a position to controvert her statement made on affidavit before this Court.

2. The plaintiff / Respondent has got custody of two minor children vide judgment dated 27.09.2019 passed in Original Suit o. 165/2018 by the Court of learned Principal Judge, Family Court, Godda. However, physical custody of the children remains with the Appellant-mother till date.

3. Let the Appellant appear with two minor children on the next date. Meanwhile, let a report be called for from the District Probation Officer, Godda and Secretary, DLSA, Godda about the Respondent-father indicating his source of livelihood, income, members of the family with whom he resides, his credentials relating to character in society in general, statement of bank accounts in his name, if any, for the last two years. These credentials of the Respondent father need to be taken into account before taking a call on the interim custody of two children pending adjudication of this appeal.

4. List the case on 08.08.2022.

(Aparesh Kumar Singh, J)

(Deepak Roshan, J) Ranjeet/