SHAHEEN NAZ Vs. MOHD RAFIQ

JUDGEMENT

(1.) This appeal is preferred to question correctness of the order dated 8.12.2009 passed by learned Family Judge, Jodhpur in Original Case No.27/2007.

(2.) Facts of the case in brief are that appellant Smt. Shaheen Naz entered into a wedlock with respondent Shri Mohd. Rafiq on 6.1.2001. She left her in-laws house on 4.6.2001 and since then she is residing separately. In the meantime she gave birth to a girl child viz. Sanna @ Shalu on 29.10.2001. The marriage of the appellant and respondent also came to be annulled in the year 2002. In the year 2007 the respondent applicant preferred an application to have custody of Baby Sanna @ Shalu and that came to be disposed of under the judgment impugned. Learned Judge, Family Court rejected the application being not maintainable but allowed the respondent applicant to visit Baby Sanna @ Shalu on every Sunday between 04:00 to 06:00 PM.

(3.) In appeal, the argument advanced by learned counsel for the appellant is that Baby Sanna @ Shalu is having no emotional attachment with the respondent applicant and she is residing with her mother with all love and affection. The order of visitation shall cause a serious emotional injury to her. According to the appellant the respondent applicant never took care of Baby Sanna @ Shalu and while contesting the application under Section 125 Code of Criminal Procedure he also denied that Baby Sanna @ Shalu is his daughter.