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Ali Hamza Khan & 3 Others vs Shabi Fatima

High Court Of Judicature at Allahabad|15 July, 2016

JUDGMENT / ORDER

Learned counsel for the petitioners as well as counsel for respondent are present.
Various papers were produced by learned counsel for the respondent, but no counter affidavit has been filed regarding that. Certain facts filed along-with the petition are also denied by learned counsel for the respondent. In the circumstances learned counsel for the respondent is directed to file counter affidavit within four weeks.
Respondent is present in person alongwith the corpus, petitioner no. 1 and 2.
It is submitted by learned counsel for the petitioners that a visiting right should be accorded till the petition is decided on merits, whereas respondent has submitted that she is not willing to allow the petitioner to take the corpus alongwith him independently. It is submitted by her that petitioners can meet the corpus at her house in Pratapgarh, in response learned counsel for the petitioners submitted that in case petitioners go to meet the corpus at the house of respondent then unto-wards incident may take place. Seeing the facts and circumstances of the case, the petitioners no. 3 and 4 can't be allowed to take the corpus / petitioner no. 1 and 2 independently, they are allowed to meet the petitioner no. 1 and 2 twice in a month on first and third Sunday for three hours only between 11:00 a.m to 05:00 p.m at the house of respondent. Seeing the security point, the concerned S.S.P. district Pratapgarh, is directed to depute a constable during the period of visit of the petitioner nos. 3 and 4 to the house of respondent.
Respondent as well as corpus need not to present on the future dates unless otherwise order.
Rs.20,000/- deposited by way of bank draft may be handed over to the respondent today itself.
List on 23rd August, 2016.
Order Date :- 15.07.2016.
Vinod.
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Title

Ali Hamza Khan & 3 Others vs Shabi Fatima

Court

High Court Of Judicature at Allahabad

JudgmentDate
15 July, 2016
Judges
  • Abhai Kumar