Mumtaj Ali Sultan Ahmed and Ors. vs Shabnam Mumtaj Ali and Ors. — Bombay HC (2025) — LawSathi Research

Mumtaj Ali Sultan Ahmed and Ors. vs Shabnam Mumtaj Ali and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ Petition disposed of with no order as to costs: custody of the minor children (Respondent Nos.2 and 3) to remain with the Petitioner No.1-Father subject to the specified access to the Respondent No.1-Mother; impugned custody order dated 29th September 2023 (as confirmed on 24th November 2023) modified accordingly; order dated 16th October 2023 striking off defence quashed and set aside subject to compliance with the access directions; lower court requested to dispose of P.W.D.V.A. No.211 of 2023 expeditiously.

Issue for consideration

Whether the order dated 29th September 2023 of the Additional Chief Judicial Magistrate, Court No.6, Malegaon below Exhibit-9 in P.W.D.V.A. No.211 of 2023 (handing over custody of the minor children to the Respondent No.1-Mother), as confirmed by the Additional Sessions Judge, Malegaon on 24th November 2023, should be modified so that custody remains with the Petitioner No.1-Father, in light of the Mother's consent and the children's schooling at New Delhi. +1 more

Court's answer

On the condition that the access directions are followed, the impugned order dated 29th September 2023 of the Additional Chief Judicial Magistrate, Court No.6, Malegaon below Exhibit-9 in PWDVA No.211 of 2023, as confirmed by the Additional Sessions Judge on 24th November 2023, is modified by directing that the custody of the children (Respondent Nos.2 and 3) shall remain with the Petitioner No.1-Father.

Ratio / Principle

Access to the minor children is granted to the Respondent No.1-Mother as follows: every Sunday video call between 10:30 a.m. and 11:00 a.m.; two days' access every month at a place convenient to both parents (with the Petitioner bearing travel and lodging/boarding charges if access is outside Malegaon); and overnight access four times a year during school vacations for at least four days per occasion (with travelling/lodging costs borne by the Respondent No.1 as directed).

Key takeaways

On the condition that the access directions are complied with, the impugned order dated 16th October 2023 of the Additional Chief Judicial Magistrate, Court No.6, Malegaon (striking off the defence) is quashed and set aside.ratio¶31
The concerned Judicial Magistrate First Class / Additional Chief Judicial Magistrate, Malegaon, Nashik is requested to dispose of P.W.D.V.A. No.211 of 2023 expeditiously.obiter¶32

Detailed headnote1 paragraphs

Child custody and access – P.W.D.V.A. proceedings – Criminal Writ Petition No.5186 of 2024, decided by Madhav J. Jamdar, J. of the High Court of Bombay on 4th September 2025. The Petitioners challenged (i) the order dated 29th September 2023 of the Additional Chief Judicial Magistrate, Court No.6, Malegaon below Exhibit-9 in P.W.D.V.A. No.211 of 2023, directing the father to hand over custody of the two minor children (aged 7 and 8) to the mother, as confirmed by the Additional Sessions Judge, Malegaon on 24th November 2023 in Criminal Appeal No.54 of 2023, and (ii) the order dated 16th October 2023 striking off the father's defence for non-compliance. On the recorded consent of the Respondent No.1-Mother — the children having been admitted to a school at New Delhi while she stays at Malegaon, Nashik — the Court, conditioned on compliance with its access directions, modified the impugned custody order to direct that custody remain with the Petitioner No.1-Father, and quashed the order striking off the defence. Access to the mother: weekly Sunday video call (10:30–11:00 a.m.); monthly two-day visits (father to bear travel/lodging if outside Malegaon); overnight access four times a year during school vacations of at least four days each (costs borne by the mother, except children's travel when access is at Malegaon). The trial court was requested to dispose of P.W.D.V.A. No.211 of 2023 expeditiously. No order as to costs.

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 : 4^th SEPTEMBER 2025

PC:-

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.

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 24^th 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 29^th 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 24^th November 2023. In the Writ Petition, the challenge also is to the order dated 16^th October 2023 passed by the learned Additional Chief Judicial Magistrate, Malegaon by which, the defence of the Petitioner has been struck off for noncompliance of the order dated 29^th September 2023 passed by the learned Additional Chief Judicial Magistrate, Malegaon.

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.1Mother 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.

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.

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.

It is further made clear that, on the condition that the above directions concerning access are complied with, the impugned order dated 16^th October 2023 passed by the learned Additional Chief Judicial Magistrate, Court No.6, Malegaon is quashed and set aside.

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.

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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