Disposed

Mohammed Zakir v. Smt Shabana

Karnataka HC12 Dec 2015WP/21888/2015

Case brief

AI extract

What is this about?

Writ petition for custody of minor children dismissed. Court found children reluctant to go with father. Directed mother to facilitate a supervised introduction via an amusement park visit before handing over custody, subject to maintenance payment.

What did the court decide?

Directed respondent to facilitate supervised visitation via amusement park; granted temporary interim custody remains with mother pending main trial.

Mohammed Zakir Vs Smt Shabana — Child Custody and Guardianship | Karnataka HC (2015)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF DECEMBER 2015

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BEFORE

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THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY

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WRIT PETITION No.21888 OF 2015 (GM-FC)

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BETWEEN:

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Mohammed Zakir, Son of Shakeel Ahamed, Aged 34 years, No.23/B, 10^th Cross, Kuppaswamy Layout, Arabic College Post, Nagawara, Bangalore 560 045.

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…PETITIONER

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(By Shri Tajuddin, Advocate)

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AND:

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Smt. Shabana, Ex. Wife of Mohammed Zakir, Daughter of Mohammed Yunus, Aged about 31 years, Resident of No.20, 20^th Main, Ramaswamy Layout, J.P.Nagar, Bangalore 560 078, Since respondent nos. 2 and 3 are Minors they are represented by

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Their mother first respondent.

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Master Mohammed Zihaan, Aged about 9 years, Son of Mohammed Zakir, Resident of No.20, 20^th Main, Ramaswamy Layout, J.P.Nagar, Bangalore 560 078.

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Miss. Suhana Saifi, Daughter of Mohammed Zakir, Resident of No.20, 20^th Main, Ramaswamy Layout, J.P.Nagar, Bangalore 560 078.

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…RESPONDENTS

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(By Shri Keshava Kumar and Shri Lokesha .D., Advocates)

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This Writ Petition filed under Articles 226 and 227 of the Constitution of India 1950, praying to issue writ of mandamus for handing over custody of the minor Master Mohammed Zihaan, aged about 9 years, son of Mohammed Zakir, resident of No.20, 20^th Main, Ramaswamy Layout, J.P.Nagar, Bangalore 560 078 who has crossed age of seven and his custody is to be completely handed over to the petitioner and Miss. Suhana Saifi, Daughter of Mohammed Zakir, resident of No.20, 20^th Main, Ramaswamy Layout, J.P.Nagar, Bangalore 78, by directing the R-1 to handover the children to the custody of the petitioner who is capable of taking care of the minor ward by granting guardian and wards certificate to take custody of R-2 and R-3.

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This Writ Petition coming on for Preliminary Hearing in ‘B’ Group this day, the court made the following:

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O R D E R

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At a special sitting in chambers on 12.12.2015, the

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respondent, along with the children, and the petitioner are present. After having had a private discussion with the children, it is found that the children are reluctant to go with

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the father. There is no possibility of handing over the interim custody of the children to the father, who is present. However, since the children are away from the father for the past two years and since they have unpleasant memories of earlier circumstances, it would take quite some time to reconcile with the father. Hence, the petitioner shall contact the respondent through her brother, whose cell phone number will be provided to him and he shall find out the convenient time when the children are free, so that he could go to the residence of the respondent and pick them up, along with a guardian, who would accompany the children, or the respondent herself and take them to an amusement park or any other place, where the father and the children could entertain themselves

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and then drop the children back. This arrangement is left open. In that, it would be on any convenient date, as mutually agreed between the parties, when the children would be free or during school vacations. This is subject to payment of maintenance at the rate of Rs.25,000/- per month for the children’s welfare. The above order is a temporary arrangement pending disposal of the main petition before the trial court.

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The petition is disposed of in terms as above.

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Sd/JUDGE

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Mohammed Zakir v. Smt Shabana

Case brief

What is this about?

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Mohammed Zakir v. Smt Shabana

Case brief

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