R/SCR.A/3153/2025 ORDER DATED: 02/04/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 3153 of 2025 ================================================================ JUBER ALI JAHANGIR ALI SAIYED Versus STATE OF GUJARAT & ORS. ================================================================ Appearance: MR. PARAM. S. DAVE(14217) for the Applicant(s) No. 1 DS AFF.NOT FILED (R) for the Respondent(s) No. 3 MR MATAFER R PANDE(3952) for the Respondent(s) No. 4,5,6,7 MR.L.B.DABHI, APP, for the Respondent(s) No. 1 ================================================================ CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE and HONOURABLE MR. JUSTICE SAMIR J. DAVE Date : 02/04/2025 ORAL ORDER (PER : HONOURABLE MR. JUSTICE A.Y. KOGJE) 1. This petition is filed by the petitioner for following reliefs:- “(A) Your Lordships may be pleased to issue a writ of Habeas Corpus or any other appropriate writ order or direction, directing the respondents to produce the children of the petitioner namely Zaid Ali and Juned Ali before this Hon’ble Court, from the wrongful and illegal custody of the respondent nos.4 to 7 herein and further be pleased to handover the custody of Zaid Ali and Juned Ali to the petitioner in the interest of justice.” (B) Pending admission herein and final disposal of the present petition, Your Lordships may be pleased to grant ad- interim in terms of (A) above.” 2. This Court while recording reasons in its order dated 05.03.2025 had issued notice to the respondents. Page 1 of 3 R/SCR.A/3153/2025 ORDER DATED: 02/04/2025 3. In response, the respondents are personally present before the Court alongwith two children namely Zaid Ali and Juned Ali of the petitioner. Essentially, it appears to be an issue with regard to claim of custody of two children out of the wedlock between the petitioner and deceased daughter of respondent No.7 and his family. 4. Considering the averments made from both the sides, the Court is of the view that interest of the children and justice would be served, if the parties are relegated to the claim for custody and therefore, the petitioner at this stage, seeks permission to withdraw the present petition so as to enable him to approach any forum in making his claim for custody of two children. 5. The Court also deems it fit to provide that since the petitioner is the biological father and averments are made that respondents are trying to complete disconnect the father from his children, a provision be made that till the proposed custody claimed by either party is settled by the appropriate forum, the petitioner be permitted to have visitation rights to meet the children at the address of residence of respondent No.7 and his family. 6. Hence, the petitioner is permitted to meet his two children namely Zaid Ali and Juned Ali on every 2nd and 4th Saturday and Sunday (four hours on each day) of every English Calendar. It R/SCR.A/3153/2025 ORDER DATED: 02/04/2025 shall be the responsibility of the respondent No.7 and his family members to provide for a conducive atmosphere at the residence of respondent No.7 or any other place of respondent No.7 and his family to enable the children and father to meet each other. Respondent Nos.6 and 7 shall file an undertaking to aforesaid extent on or before 09.04.2025. Learned advocate for the petitioner also assures the Court by filing an undertaking on or before 09.04.2025 to the extent that he shall not misuse the liberty given to him to meet his children. 7. With the aforesaid, the petition stands disposed of as withdrawn. Rule is discharged. (A.Y. KOGJE, J) (SAMIR J. DAVE,J) SIDDHARTH Original copy of this order has been signed by the Hon'ble Judges. Digitally signed by: SIDDHARTH R DAVE(HC01065), Private Secretary, at High Court of Gujarat on 02/04/2025 17:47:01