Partly allowed

Huzaifa Ali Hussain Sadriwala v. Khadija Bohra

Rajasthan HC23 Aug 2022CRLMP/4717/2021

Case brief

AI extract

What is this about?

The High Court partly allowed a criminal miscellaneous petition seeking to quash ex-parte proceedings due to doubts about notice service on the petitioner. The matter was remanded for fresh hearing, with interim custody granted to the mother and temporary maintenance awarded to the wife and child.

What did the court decide?

The impugned orders dated 26.07.2021 and 24.02.2021 were quashed; the matter remanded; interim custody granted to respondent; petitioner directed to pay Rs.10,000/- monthly maintenance.

Huzaifa Ali Hussain Sadriwala Vs Khadija… — Child Custody and Guardianship | Rajasthan HC (2022)

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(1 of 3)

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[CRLMP-4717/2021]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 4717/2021

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Huzaifa Ali Hussain Sadriwala S/o Sh. Ali Hussain Sadriwala, Aged About 32 Years, B/c Muslim, R/o 304, Diamond Apartment, Rnp Park, Bhayandar (East) Thane, (Maharashtra)

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----Petitioner

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Versus

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Khadija Bohra W/o Huzaifa Ali Hussain Sadriwala, Aged About 27 Years, D/o Sh. Hussain Ali Bohra, B/c Muslim, R/o Bohra Colony, Sanganeri Gate, Bhilwara (Rajasthan)

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----Respondent

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For Petitioner(s)	: Mr.	Nitin Trivedi
For Respondent(s)	: Mr.	R.S. Chundawat

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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23/08/2022

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This Criminal Misc. Petition under Section 482 Cr.P.C. has been preferred claiming the following reliefs:

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“i) The order dated 26.07.2021 passed by learned Additional Sessions Judge No.1, Bhilwara dismissing criminal revision petition No.102/2021 {Huzaifa Ali Hussain Vs. Smt. Khadija Bohra) filed by the petitioner for setting aside ex-parte proceedings against him, may kindly be quashed and set aside and accordingly the matter may kindly be remanded back to the trial court for deciding the matter afresh after providing opportunity of hearing to the petitioner.

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ii) The order dated 24.02.2021 passed by Additional Chief Judicial Magistrate No.2, Bhilwara allowing Criminal Misc. (complaint) No.85/2020 {Smt. Khadija Bohra Vs. Huzaifa Ali Hussain Sadriwala) filed by respondent under Section 5 & 6 of Muslim Women (Protection of Rights of Marriage) Act, 2019 after initiating ex- parte proceedings & directing

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(2 of 3)

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[CRLMP-4717/2021]

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petitioner to pay amount of Rs.20,000/- per month and further to hand over custody of minor daughter to respondent/complainant may kindly be quashed & set aside.”

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It has been demonstrated by the learned counsel for the petitioner that there was an information given by Navghar Police Thane Office, Bhayander Sub-Division, Mirabhai on Vasai Virar Commissionerate on 21.12.2020 that the notice upon the present petitioner was not served.

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Learned counsel for the petitioner submits that he may be given one opportunity and the matter may be remanded back. 4. Learned counsel for the respondent opposes, but thereafter, submitted that the custody of the girl child may be maintained with the mother for the time being until the decision is taken by the learned court below.

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This Court, after hearing learned counsel for the parties at length and perusing the record of the case, is of the opinion that if there is a doubt in the service of the notice itself, the basic principle of justice of hearing both the parties is compromised. Thus, in the given circumstances, it will be appropriate to remand the matter back to the learned court below.

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In view of the above, the present petition is partly allowed and while quashing and setting aside the impugned order dated 26.07.2021 passed by learned Additional Sessions Judge No.1 Bhilwara and the order dated 24.02.2021 passed by learned Additional Chief Judicial Magistrate No.2, Bhilwara, the matter is remanded back to the learned court below for redetermining the case on merits.

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Both the parties shall be required to appear before learned Additional Chief Judicial Magistrate No.2, Bhilwara on 01.09.2022

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(3 of 3)

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[CRLMP-4717/2021]

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in person or through their counsel. However, while partly allowing the petition in the aforesaid terms, in the larger interest of justice, it is directed that:

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(a) The custody of the girl child shall remain with the respondent until the issue is finally decided by the learned court below.

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(b) The petitioner shall be required to pay a maintenance of Rs.10,000/- on monthly basis until the final maintenance is decided by the learned court below.

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(c) The temporary maintenance shall be payable from the date of filing of the initial petition; the order of temporary maintenance shall be adjusted as per the final order of maintenance passed by the learned court below. The learned court below shall not be prejudiced by the maintenance granted by this Court because the same merely takes care of the small girl child and the wife, so that their maintenance can be taken care of for the period when the adjudication taken place.

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(d) The petitioner shall be free to move an application for visitation rights before the learned court below.

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(DR.PUSHPENDRA SINGH BHATI), J.

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179-Zeeshan

Huzaifa Ali Hussain Sadriwala v. Khadija Bohra

Case brief

What is this about?

What did the court decide?

Huzaifa Ali Hussain Sadriwala v. Khadija Bohra

Case brief

What is this about?

What did the court decide?

What the court decided

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