Dismissed

Mahabub Basha, v. Smt. Raziya Begum

Telangana HC5 Nov 2012CRLRC/465/2012

Case brief

AI extract

What is this about?

In a criminal revision regarding custody, the High Court approved a settlement between a blind, dependent husband and his wife. The Court directed the wife to arrange a separate residence in Gadwal away from her husband's parents, and the husband to live with his wife and children there.

What did the court decide?

Wife directed to arrange a separate residence in Gadwal away from husband's parents; husband directed to live with wife and children in said residence.

Mahabub Basha, Vs Smt. Raziya Begum — Child Custody and Guardianship | Telangana HC (2012)

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THE HONOURABLE SRI JUSTICE RAJA ELANGO

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CRIMINAL REVISION CASE No.465 of 2012

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05-11-2012

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BETWEEN:

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Mahabub Basha and others

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…..Petitioners

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AND

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Smt.Raziya Begum and another

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…..Respondents

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THIS COURT MADE THE FOLLOWING ORDER:

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THE HONOURABLE SRI JUSTICE RAJA ELANGO

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CRIMINAL REVISION CASE No.465 of 2012

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ORDER:

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This revision is preferred by the petitioners challenging the order of III Additional District Judge at Gadwal, dated 16.02.2012 in Crl.A.No.62 of 2011 whereby the learned District Judge confirmed the order of Judicial Magistrate of First Class at Gadwal dated 30.7.2011 allowing D.V.C.No.6 of 2009 filed by the first respondent herein.

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The first petitioner is the husband of the first respondent herein. The trial Court passed an order in D.V.C.No.6 of 2009 directing that the custody of the child is to be given to the first respondent-mother. During pendency of the revision, the parties are directed to be present before this Court and both the counsel were directed to counsel the first petitioner as well as the first respondent taking into consideration the fact that the first petitionerhusband lost his vision and he could not live independently and needs the support of first respondent herein.

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Today, both the parties, child and both the counsel are present before this Court. When enquired, the first respondent-wife expressed her willingness to live with first petitioner-husband along with her two daughters if a separate residence is provided by the husband. However, the first petitioner-husband informed to this Court that he is completely depending on his parents and he is not able to provide a separate residence as per the wish of the wife. Whereas, the first respondent-wife informed through her counsel that she is ready to live along with her husband and children in a separate residence and also informed the Court that she is capable of taking care of the husband and children and also pay the rents for the separate residence arranged by her. Further both the

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parties agreed to live together in Gadwal town at a distant place from the parents’ house of the husband.

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In view of the above settlement arrived between the parties, this Court is inclined to pass the following directions:

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The wife-first respondent herein is directed to arrange a place for residence for the entire family in Gadwal town away from the residence of the parents of her husband. The husband-first petitioner is also directed to accompany the wife along with the children and live with her in the residence to be arranged by her. It is made clear that if there is any violation of the order passed by this Court, it is left open to either of the party to approach the appropriate forum for appropriate relief.

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The revision is disposed of accordingly.

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Miscellaneous petitions, if any, filed in this revision shall stand closed.

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_________________ RAJA ELANGO,J

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05.11.2012 Tsr

Mahabub Basha, v. Smt. Raziya Begum

Case brief

What is this about?

What did the court decide?

Mahabub Basha, v. Smt. Raziya Begum

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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