Extracted from the PDF above. The PDF is authoritative.
S. No. 27 Regular Cause List INTHE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR FAO 30/2023 BASHIR AHMAD SHEIKH AND ANR. …Appellant(s)/Petitioner(s) Through: Mr. Zaffar Qadiri, Advocate Vs.
AFSHANA BEGUM ...Respondent(s) Through: None
CORAM:
HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL-JUDGE
ORDER 05.02.2025 Petitioners are aggrieved of order passed by the learned Principal District Judge, Baramulla, dated 04.09.2023, whereby the respondent herein Mst. Afshana Begum, has been given visitation rights. Trial court has, taking into account the age of the ward, observed that in the interest of justice and in
order to allow the relationship of the minor and her mother to grow and flourish, granted the visitation on the conditions mentioned in the said order. It is submitted by learned counsel for the petitioners that the impugned
order is being complied with till date. He submits that it is difficult for the petitioner to produce the minor child in the ADR Centre, Baramulla, on 2nd and 4th Saturday of every month as petitioner has to bear the expenses for production of minor. There is no dispute with regard to the fact that respondent is a mother of the ward and her age at the time of passing of order was 08 years. The said
arrangement was made and regulated in terms of the impugned order so that the relationship between the minor and mother should grow and flourish. There is nothing wrong in the order impugned because the mother has a right to have visitation so far as the minor daughter is concerned. Production of the ward in the ADR Centre, Baramulla, cannot be said to be a harsh condition. Mother cannot be asked to come all along from Baramulla to Srinagar for meeting her minor child. There being no illegality in the order passed by the Trial court. Therefore, this petition is without any merit. At this stage, learned counsel for the petitioners submits that he may be permitted to make an appropriate application before the Trial court for modification of the order. If he chooses to move such an application, the Trial court may consider and decide it on its own merits.
Disposed of as above along with connected CM(s).
(VINOD CHATTERJI KOUL) JUDGE SRINAGAR 05.02.2025
“Imtiyaz” Imtiyaz Ul Gani I attest to the accuracy and authenticity of this document 07.02.2025 11:17