SK.MASIULLAH Vs. FARHAT SIDDIQUE

JUDGEMENT

(1.) THE interim order dated 2.1.2009 passed by learned Judge, Family Court, Cuttack in C.P. No.529 of 2005 directing the petitioner to produce his minor daughter in Court so that she can be handed over to opposite party is assailed in this writ petition.

(2.) SWORN of unnecessary details, the short facts are as follows : Petitioner had married the opposite party on 11th February, 2000 and out of their wed -lock a female child was born. Soon thereafter, dissentions cropped up between the parties and the opposite party -wife took divorce from the petitioner -husband on 27th September, 2004. According to the petitioner, at the time of divorce, a 'Faisalama was executed between the petitioner and the opposite party and it was agreed by the opposite party -wife that the child will remain with the petitioner -husband for the better welfare. It was also agreed that a sum of Rs.50,000/ - would be paid by the husband. While the matter stood thus, in the year 2005 the opposite party filed a petition under Section 352 of Mohammadian Law read with Section 7(g) of the Family Court Act with a prayer to appoint her as mother guardian of the minor daughter Zehat Parveen, which was registered as C.P. No.529 of 2005. In the said proceeding, a petition was also filed to grant interim custody of the child. Learned Judge, Family Court by order dated 2.1.2009 has allowed the interim petition and directed the petitioner -husband to produce the child in Court for handing over to the opposite party -wife. Being aggrieved by the said order, the petitioner -husband has approached this Court.

(3.) THESE submissions are strongly repudiated by Dr. Dash, learned counsel appearing for the opposite party -wife. According to her, the mother is the natural guardian of the minor child and the Court below has rightly allowed the interim petition and directed the husband to produce the child. She has also relied upon several judgments. According to Dr. Dash, the child is tortured by the petitioner, who has re -married in the meantime and some cases are filed before the Human Rights Commission. To appreciate such submission, we called upon the petitioner -husband to produce the minor child before us and in consonance with the said direction, the child was produced before this Court on 8.4.2010 in our Chambers. We did not find any urgent need to handover the child to the opposite party -wife.