LAWS(J&K)-2021-10-56

MUDASSIR MAJEED Vs. IRTIFA AYOUB

Decided On October 01, 2021
Mudassir Majeed Appellant
V/S
Irtifa Ayoub Respondents

JUDGEMENT

(1.) The order dtd. 5/2/2021 ( for brevity 'impugned order') passed by the Court of Additional District Judge (Matrimonial Cases), Jammu ( for brevity 'trial court') in File No.48/Misc. titled Iftifa Ayoub vs. Mudasssir Majeed, is being questioned by the petitioner herein while invoking supervisory jurisdiction of this Court. Under Article

(2.) A petition is stated to have been filed under Sec. 25 of the Guardians and Wards, Act, 1890 (for brevity the 'the Act') by the applicant/respondent herein before the trial court for custody of minor children, namely, Mohd Ismaeel and Ahmad Abdullah on 7/11/2020. Hearing in the said petition is stated to have got deferred on imposition of lockdown due to outbreak of COVID-19 pandemic. An application under Sec. 12 of the Act is also stated to have been filed by the respondent herein along with the aforesaid petition for interim custody of minor children. The petitioner is stated to have appeared through his counsel through virtual mode on account of COVID-19, in the matter before the trial court and the trial court is stated to have allowed visitation rights in favour of the applicant/respondent herein with the minor children through video call/mode twice a week. The said petition is stated to have come up for consideration on 9/11/2020, 10/11/2020, 25/1/2021 and 22/2/2021.

(3.) On 5/2/2021, the counsel for the petitioner, is stated to have received a call from the trial court for appearance, in view of filing of an application by the respondent herein. The application is stated to have been filed by the respondent herein for allowing physical visitation. The counsel for the petitioner herein is stated to have requested the trial court for providing a copy of the application and an opportunity to respond to the same, by filing of objections. The impugned order, however, is stated to have been passed by the trial court on the same day i.e., 5/2/2021.