ESAM AHMAD BILGRAMI Vs. AALIYAH SAEED DANG

JUDGEMENT

(1.) The present Appeal under Sec. 19 of the Family Courts Act, 1984 assails the correctness of Order dtd. 17/8/2023 [hereinafter referred to as "Impugned Order"] passed by the learned Family Court [hereinafter referred to as the "Family Court"], whereby the Family Court allowed an interim application under Sec. 12 of the Guardians and Wards Act, 1890 [hereinafter referred to as "the Act"], filed by the Respondent-mother, granting her permission to relocate the minor child, Master Emad Ahmad Bilgrami, to Abu Dhabi, United Arab Emirates (UAE) with her, subject to certain undertakings and safeguards.

(2.) The brief facts leading to the present Appeal, as pleaded, are that the marriage between the parties was solemnized on 30/6/2009 in Hyderabad, Telangana as per Muslim rites and ceremonies. Out of the said wedlock, a male child was born on 25/6/2013. Owing to the marital discord, the parties separated in or around the year 2014-15, and subsequently obtained divorce on 22/2/2017, evidenced by a certificate issued by the Wakf Board.

(3.) The case of the Appellant-father, before the Family Court, was that, upon dissolution of marriage, it was agreed between the parties that the custody of the minor child would remain jointly with the Appellant and his father (the child's paternal grandfather). He further asserted that the Respondent had, of her own volition, executed an Affidavit-cum-Undertaking dtd. 7/2/2017, wherein she relinquished all claims to custody, temporary or permanent, while retaining a limited right of visitation with prior permission.