REHAN ALI SAYED Vs. SHAISTA REHAN ALI SAYED

JUDGEMENT

(1.) In the above Writ Petition, the Petitioner - Rehan Ali Sayed has stated that as per the Order passed by the Family Court, Bandra, Mumbai, he is entitled to have access to his minor children, who are in the care and custody of his wife - Shaista Rehan Ali Sayed - Respondent No.1. He has further stated that his wife is depriving him access to his children since March 2020. He has also stated that the Respondent No.1 has blocked his telephonic access, i.e. she is not allowing him to talk to his children and is holding their children in illegal detention/ custody. The Petitioner has therefore sought a Writ of Habeas Corpus against his wife - the Respondent No. 1 for the production of their children namely Baby Aliza, aged 10 years and Master Abdul Ahad, aged about 8 years before this Court. By the above Writ Petition the Petitioner has also sought directions with respect to getting access to his minor children i.e. spending 50% (2nd half ) of their children's summer vacations with him and to allow him visitation/access to their children on every alternate Saturday, at a mutually agreeable place until reopening of the Children's Complex at Family Court, Mumbai.

(2.) At the outset, we would like to record that it is unfortunate that a father who is seeking access to his children is not even aware as to how old his children are. Though his daughter is 14 years old and his son is 10 years old, he has stated in the Writ Petition, which is filed a week ago, that his daughter is 10 years old and his son is 8 years old.

(3.) We have in the presence of the Advocate for the Petitioner spoken to the Respondent No.1 as well as the children - Aliza and Ahad through video-conferencing. The Respondent No.1 - (wife) has informed us that the Petitioner has made incorrect allegations against her in the above Writ Petition. She has informed us that as late as in November 2020 at the request of the Petitioner, the children had met the Petitioner as well as his sister who stays abroad and at that time had visited India, and they all spent quality time i.e. 4-5 hours in a nearby mall.