AKHTAR MASOOD Vs. BILKIS JAHAN FERDOUS

JUDGEMENT

(1.) This petition for leave to appeal by the plaintiff-petitioner is from the judgment and order of a learned Single Bench of the High Court Division dated 20-5-96 rejecting summarily the petitioners revisional application Civil Order No. 1900 of 1996.

(2.) The plaintiff filed Case No. 171 of 1994 under section 8 of the Guardians and Wards Act, 1890 in the Court of 1st Assistant Judge and Family Court Dhaka. He filed an application under section 12(1) of the said Act for visitation of his son aged nearly 6 years now at his residence for 6 hours every Friday. The 1st Court of Assistant Judge and Family Court Dhaka rejected his application by order dated 18-9-94 on appeal. Miscellaneous Family Appeal No. 267 of 1994, the 5th Court of Subordinate Judge, Dhaka dismissed the appeal by judgment and order dated 24-4-96. The petitioners revisional application was also dismissed by the High Court Division as already noticed.

(3.) The suit is for custody of the plaintiff-petitioners son and was filed in the Family Court under section 25 read with section 5(c) of the Family Courts Ordinance. 1985. The suit is pending in the Family Court since 1994 and the petitioner had a chance to see his growing son only twice. In the meanwhile he is being reared up at the residence of his maternal grandfather at Mohammadpur where he is residing with his mother, the respondent, a Government servant. The couple has also been divorced in 1993. The petitioners prayer for visitation was refused by the High Court Division on the ground that in view of the strained relation between husband and wife and pending litigation between them over a number of matters the prayer of the petitioner if allowed will lead to complications and the petitioner failed to suggest any other alternative method of visiting his son.