Rubina Bano Vs. Wazid
Ali & Ors.  INSC 846 (28 April 2009)
JURISDICTION SPECIAL LEAVE PETITION (CIVIL) NO. 630 of 2008 Rubina Bano ..
Appellant(s) Versus Wazid Ali & Ors. .. Respondent(s) With TRANSFER
PETITION (CIVIL) NO. 230 OF 2008 ORDER SLP(C) NO. 630 of 2008 This petition by
the mother of minor child Ayyan Ali is directed against order dated 22nd
November, 2007 passed by the High Court of Judicature for Rajasthan at Jaipur,
whereby the order passed by the District and Sessions Judge, Jhunjhunu
dismissing an application filed by the father of the child under Section 10 of
the Gurdians & Wards Act, 1890 has been set aside.
Since the matter
pertained to the custody of the said minor child, we had requested counsel for
the parties to try to settle the dispute between the parties amicably. At
present the child is in the custody of his maternal grandmother and is residing
We are happy to note
that with the cooperation and assistance of learned counsel for the parties, an
amicable settlement in regard to the custody of the child has been arrived at.
They have agreed that :
1) Wazid Ali-the
father of Master Ayyan Ali would be his permanent guardian and for all intents
and purposes, the child would be under his custody;
2) Master Ayyan Ali
shall be admitted to Hansraj Moraji Public School, Andheri, Mumbai by the
father Wazid Ali. If for any reason, the school does not admit the child, he
will be admitted in Prudence School, Panvel, Mumbai;
3) All personal
expenses of the child, including on education, clothing, medical etc. shall be
borne by the father-Wazid Ali. But for some exceptional reason, the child will
be permitted to complete his education upto class 12 in the same school;
4) Smt. Husna Bano
w/o Iqbal Qureshi, the maternal grandmother of the child would be his local
guardian at Mumbai;
5) Apart from Wazid
Ali and Smt. Husna Bano, the school administration may permit any other
relative of the child to meet him if their rules and regulations so permit;
6) As regards the
custody of the child during long vacation in the school, in this year after his
admission during first summer vacation, the child will continue to remain in
the custody of Smt. Husna Bano but during the first Diwali vacation the child
will stay with his father and during the first Chritmas vacation, Smt. Husna
Bano shall be entitled to his custody. However, from the next year onwards only
during Diwali vacation, the child will be in the custody : of his maternal
grandmother and shall remain in the custody of the father during the summer
vacation as well as during the Christmas vacation;
7) The father will
also be entitled to have the custody of the child over the week-ends for a
minimum period of four hours subject to the convenience of the child and after
due prior intimation to his maternal grandmother;
8) The said
arrangement shall continue till the child completes his education in the
9) All pending cases
between the parties, viz, Civil Misc. Case No. 203 of 2006 pending before
District Judge, Jhunjhunu, Petition No. E/199/2007 pending before Principal
Judge, Family Court Bandara, Mumbai, M.J. Petition No. D/35/2007 pending before
Principal Judge, Family Court, Bandara, Criminal Writ Petition No.
2437 of 2008 and C.R.
No. 562 of 2008 pending before the Bombay High Court shall be deemed to have
been disposed of.
We expect and hope
that keeping in view the welfare of the child, the parties shall abide by the
terms of the agreement set out above.
The special leave
petition stands disposed of.
T.P(C) NO. 230 of
2008 In view of the order passed in the special leave petition, the transfer
petition shall be treated as disposed of.
[ D.K. JAIN ]
[ R.M. LODHA ]