MOHD AHMED MUZAFFAR Vs. SYEDA ZAHEERUNNISA

JUDGEMENT

(1.) This Family Court Appeal is filed against the Order dtd. 4/8/2011 in O.P.No.1403 of 2009 passed by the learned Family Court Judge, Hyderabad.

(2.) One Mohd.Ahmed Muzaffar filed O.P.No.1403 of 2009, against his wife Syeda Zaheerunnisa @ Darakshaan under Sec. 25 of Guardians and Wards Act, seeking to permit him to visit and see the minor child namely M.A.Jabbar @ Osma Waleed, who attains the age of seven (7) years. Petitioner himself examined as P.W.1 and marked Exs.P.1 to P.3 on his behalf. During the course of trial Respondent set ex-parte. The trial Court after considering the oral and documentary evidence of both side, dismissed the application. Aggrieved by the said Order, petitioner therein preferred the present appeal.

(3.) The learned Counsel for the appellantpetitioner mainly contended that the settlement deed was not scrutinized in its correct prospective. He further contended that it is a settled law that father is equally entitled to have visitation rights of his minor child. Respondent has not lead any evidence to prove that visitation rights would cause any harm to the minor child, but the trial Court erred in dismissing this application and thus requested the Court to set aside the Order passed by the trial Court.