Sana v. Faisal
Case brief
What is this about?
The High Court set aside a Family Court custody judgment pronounced without the mother being present when her daughter was heard in chambers. The matter was remanded to a different judge to ensure natural justice, with custody status quo maintained pending final disposal.
What did the court decide?
The impugned judgment dated February 17, 2016 is set aside. The matter is remanded to the Principal Judge, Family Court (West), Hockey Court, Delhi to hear afresh.
What the court decided
Signature Not Verified Digitally Signed By:AM UL YA
daughters.
- Admitted case of the parties is that on embracing Islam, Sana @ Sandhya - a Hindu Brahmin girl got married to Faisal on May 27, 2005 as per Muslim rites. Elder daughter Baby Alina was bom on June 04, 2008 whereas younger daughter Baby Avni was bom on August 07, 2010. Unfortunately a divorce took place on June 08, 2011 as per Muslim law and since then the elder daughter Baby Alina is with Faisal (hereinafter referred to as father) whereasyoungerdaughterBaby Avni is with Sana @ Sandhya (hereinafter referred to as mother).
- Now the litigation is going on over the right to have the custody of children. Whereas Guardian Petition No.27/2014 was filed by the father (respondent herein) seeking custody of his younger daughter Baby Avni, who is with her mother, Guardian Petition No.70/2015 was filed by the mother (appellant herein) for seeking custody of her elder daughter Alina, who is with her father.
- Undisputed facts are that treating Guardian Petition No.27/2014 filed by the father for seeking custody of his younger daughter as lead petition, by common judgment dated February 17, 2016 the leamed Judge, Family Court allowed the petition filed by the father to have custody of younger daughter Baby Avni and dismissed the petition filed by the mother to have custody of elder daughter Baby Alina but giving visitation right to the mother to meet her daughters.
- Feeling aggrieved the mother has filed two separate appeals to question the legality and validity of the impugned judgment common to Guardian Petition Nos.27/2014 and 70/2015.
MAT.APP.(F.C.) Nos.24/2016 & 57/2016
Issues for consideration
3 issues framed by the court
Whether custody proceedings should be set aside due to violation of natural justice by examining a child without notice to the opposing parent.
Whether the Family Court erred in forming an opinion influenced by an interaction with a child held without a prior opportunity for the appellant to be present.
What orders should pass to maintain the status quo pending the disposal of the guardianship petitions.
Parties & counsel
- appellant
Sana @ Sandhya
- respondent
Faisal
Coram
PRADEEP NANDRMOG
Case details
As recorded by the court registry
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