Sajuda Be vs Ulmarsul
2023 Latest Caselaw 9593 MP

                                                        1
                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                    BEFORE
                                       HON'BLE SHRI JUSTICE SHEEL NAGU
                                                       &
                                 HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
                                              ON THE 26 th OF JUNE, 2023
                                             MISC. APPEAL No. 670 of 2022

                           BETWEEN:-
                           SAJIDA BE W/O LATE AYUB SHAH, AGED ABOUT 32
                           YE A R S , OCCUPATION: HOUSE WIFE AND SELF
                           EMPLOYED R/O DAPORA TEHSIL AND DISTRICT
                           BURHANPUR M.P. (MADHYA PRADESH)

                                                                               .....APPELLANT
                           BY SHRI KAMAL SINGH RAJPUT-ADVOCATE)

                           AND
                           1.    ULMARSUL S/O IMAN SHAH, AGED ABOUT 60
                                 YEAR S , OCCUPATION: FARMER R/O DAPORA
                                 TEHSIL AND DISTRICT BURHANPUR M.P.
                                 (MADHYA PRADESH)

                           2.    RUKHSAR(MINOR) S/O AYUB SHAH, AGED ABOUT
                                 13 YEARS, OCCUPATION: THROUGH NATURAL
                                 GUARDIAN MR. ULMARSUL R/O DAPORA TEHSIL
                                 AND DISTRICT BURHANPUR M.P. (MADHYA
                                 PRADESH)

                           3.    CAIFE(MINOR) S/O AYUB SHAH, AGED ABOUT 11
                                 Y E A R S , OCCUPATION: THROUGH NATURAL
                                 GUARDIAN MR. ULMARSUL R/O DAPORA TEHSIL
                                 AND DISTRICT BURHANPUR M.P. (MADHYA
                                 PRADESH)

                                                                             .....RESPONDENTS
                           (BY SHRI BASANT RAJ PANDEY - RESPONDENT NO. 1 )

                                 This appeal coming on for orders this day, JUSTICE AVANINDRA
                           KUMAR SINGH passed the following:
                                                         ORDER

Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 28-06-2023 11:11:28

Report of the letter of Principal Judge, Family Court, Burhanpur vide dispatch No. 262/23 Burhanpur dated 27-05-2023 is on record.

As per report in MA No. 670/22 ( Sajida Be Vs. Ulmarsul and others) filed u/S 47 of Guardian and Wards Act, 1890 , after interaction by the Principal Judge, Family Court, Burhanpur, with children he has reported that both the children namely Rukshar aged about 13 years and Caife aged about 12 years wants to live with their grandparents uncle and aunt but are not willing to live with their mother Smt. Sajida Be.

Heard learned counsel for both parties on the report of the Family Court regarding custody.

Learned counsel for the appellant only prays for visitation rights once in every 04 months. In this regard, learned counsel for the appellant has also filed (IA No. 5944/23) for permitting the appellant to meet the children once in a month for a day.

On this short prayer, learned opposite counsel has no objection. Accordingly, on the basis of the report which was sought by this Court vide order dated 11-05-2003, it is directed that while upholding the judgment of the learned trial Court dated 19-01-2022 in MJC No. GW-16/2021 by which, the custody of the children has been denied to the mother, only interference is made to the effect that as per the request of the learned counsel for the appellant and consent by the learned counsel for the respondent, the appellant/mother may meet the children once in every 04 months at a neutral venue in Mediation Center, Burhanpur on a mutually fixed date and the expenses to bring children to and fro from their place of residence shall be borne by the appellant/mother, who shall pay the said charge in advance to the other parties.

Signature Not Verified Accordingly, this appeal stands disposed of. Signed by: PARMESHWAR GOPE Signing time: 28-06-2023 11:11:28

(SHEEL NAGU) (AVANINDRA KUMAR SINGH) JUDGE JUDGE PG

Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 28-06-2023 11:11:28