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2025 DAILYLAW 7967 (JK)

SABA HAFIZ v. AADIL SALEEM BANDH

CM(M)/253/2025 · 2025-07-04

Sanjay Dhar

body2025

Judgment text

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Serial No. 151 Suppl-3 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM (M) No. 253/2025 CM No. 3884/2025. SABA HAFIZ. …Petitioner (s) Through: Mr. Ahmad Javid, Advocate. VERSUS AADIL SALEEM BANGH. …Respondent(s) CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE. ORDER 04.07.2025 01. Through the medium of the present petition, the petitioner is challenging Order dated 30st of May, 2025 passed by the Lok Adalat in a petition under Section 25 of the Guardian and Wards Act filed by the respondent/applicant therein. 02. Heard and considered. 03. The grievance projected by the petitioner in the instant petition is that vide the aforesaid award of the Lok Adalat, the respondent-father of the minor child has been given visitation rights on 1st and 3rd of Saturday of every month from 11:00 AM to 2:00 PM and it has been further provided that the respondent herein shall obtain the custody of the minor child at Noora Hospital, but the minor child being only fourteen months old still in breastfeeding stage, as much it may not be feasible to permit the respondent-father to take custody of the child for as long as three hours. The petitioner further submits that the venue of taking the custody of the minor child is also required to be changed. It has been submitted that the petitioner has already approached the learned Family Court for seeking modification of the conditions laid down in the award of the Lok Adalat but the said application has not been considered by the court and instead execution petition filed by the respondent-father of the minor child against the petitioner is being proceeded with. 04. Having regard to the fact that petitioner has already filed an application for modification of conditions of the award before the learned Family Court, the present petition can be disposed of by extending appropriate directions to the learned Family Court, Srinagar. 05. Accordingly, it is directed that the learned Family Court, Srinagar shall decide and dispose of the application filed by the petitioner for modification of the conditions laid down in the award of the Lok Adalat after hearing both the parties in accordance with the law within a period of two weeks’from the date a copy of this order is made available to the said Court. 06. Disposed of along with connected CM. (Sanjay Dhar) Judge SRINAGAR 04.07.2025 BISMA