TAHERA HAQUE Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner-wife has approached this Court under Article 226 of the Constitution of India seeking custody of minor baby child from respondent No.4 with whom marriage was solemnized on 11.09.2015 as per Islamic custom and practice. The marriage was registered under the Jammu and Kashmir registration of Muslim Marriage Act, 1981 vide Certificate No.000397501 dated 21.09.2015 and petitioner and respondent No.4 thereafter started living together as husband and wife. Out of the wedlock, a baby child was born on 05.05.2019. However, differences cropped up between the petitioner and respondent No.4 which resulted in the dispute regarding custody of the child.

(2.) The petition came up for hearing and notice was issued whereupon the respondent No.4 along with the child was directed to appear on 18.10.2019. On the said date, the matter was referred for mediation between the parties to the Chairperson, State Commission for Protection of Child Rights [SCPCR] who was requested to act as a mediator and the following order was passed, which reads thus:-

(3.) A report has been received from the mediator who has expressed that both the parties have come to terms and decided to reconcile for the sake of the infant child and out of their freewill have agreed that as soon as respondent No.4 gets an accommodation at his place of posting, he shall take back his wife (petitioner) and they shall live together. The report submitted by the Chairperson, State Commission for Protection of Child Rights [SCPCR] is as under:-