Karnataka High Court
Noorjahan Begum vs Shaheda Shaikh on 17 September, 2025
Author: H.P.Sandesh
Bench: H.P.Sandesh
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MFA No. 203003 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 17TH DAY OF SEPTEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE H.P.SANDESH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
MISCL. FIRST APPEAL NO.203003 OF 2023 (GW)
BETWEEN:
1. MRS. NOORJAHAN BEGUM
W/O. ABDUL RASHEED
RESIDING AT GULSHAN E ARFAT COLONY,
BEHIND JASMINE SCHOOL,
HAGARGA ROAD, KALABURAGI - 585 104.
2. RIYAZ AHMED S/O ABDUL RASHEED
AGED ABOUT 50 YEARS
OCC: PRIVATE SERVICE
R/O GULSHAN E ARFAT COLONY
BEHIND JASMINE SCHOOL
HAGARGA ROAD, KALABURAGI-585 104
(AMENDED AS PER COURT ORDER
Digitally signed DATED 10.12.2024)
by SACHIN
...APPELLANTS
Location: HIGH
COURT OF (BY SMT. PRAKRITI BORALKAR, ADVOCATE)
KARNATAKA
AND:
MRS. SHAHEDA SHAIKH
D/O MOHAMMED IQBAL AHMED,
AGED ABOUT 40 YEARS,
RESIDING AT A/10, SHREEJI APARTMENTS,
PLOT NO.27 SECTOR 3, PANVEL
NAVI MUMBAI - 410 206. MAHARASHTRA
...RESPONDENT
(V/O DATED 09.09.2025, NOTICE TO
RESPONDENT IS HELD SUFFICIENT)
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MFA No. 203003 of 2023
HC-KAR
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 47 (A & B) OF THE GUARDIANS AND WARDS ACT, 1890
PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED
12.04.2023 PASSED IN G & W CASE NO.23/2022 ON THE FILE OF
THE ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, AT
KALABURAGI.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
AND
HON'BLE MR. JUSTICE T.M.NADAF
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE H.P.SANDESH)
This appeal is filed praying to set aside the judgment
and order dated 12.04.2023 passed by the Additional
Principal District Judge, Family Court, Kalaburagi, (for
short, 'Family Court') in G & W Case No.23/2022.
2. Heard the learned counsel for appellant.
3. Since the notice issued to the respondent has
been returned with an endorsement as 'refused', service of
notice to the respondent is held sufficient vide order of this
Court dated 09.09.2025.
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4. When the application was filed to implead the
father of the children as party to the appeal, the same was
allowed by this Court vide order dated 10.12.2024 and he
was arrayed as appellant No.2.
5. We have perused the impugned judgment
passed by the Family Court. The father of the children was
not made as party before the Family Court. The Family
Court rejected the petition filed under Section 25 of the
Guardian and Wards Act, 1890 only on the ground of
maintainability. The Family Court has not framed the
issue regarding maintainability of the appeal. The Family
Court framed the point for consideration whether the
petitioner therein is entitled for the custody of three minor
children as prayed for and answered the same in negative
and came to the conclusion that the said petition itself is
not maintainable.
6. When no point for consideration is framed
regarding maintainability and when the father was not
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made as a party to the proceedings before the Family
Court, without expressing any opinion on the merits of the
case, we find it appropriate to set aside the impugned
judgment and remand the matter to the Family Court to
consider the matter afresh after making the father as
party to the proceedings.
7. In view of the observations made above, we
proceed to pass the following:
ORDER
i. The appeal is allowed.
ii. The judgment and order dated 12.04.2023
passed by the Additional Principal Judge,
Family Court, Kalaburagi, in G & W Case
No.23/2022 is set aside. The matter is
remitted back to the Family Court. The
Family Court is directed to consider the
matter afresh by giving an opportunity to
both the parties. If any application is filed
for impleading the father of the children,
the same shall be considered in accordance
with law.
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iii. The appellants are directed to appear
before the Family Court on 13.10.2025.
The Family Court is directed to issue notice
to the respondent and dispose of the
petition in accordance with law.
Sd/-
(H.P.SANDESH)
JUDGE
Sd/-
(T.M.NADAF)
JUDGE
NB
CT:NI
