Asif Shamim vs Farah Razvi Shamim

N S Sanjay Gowda, J

This petition is filed challenging the refusal of the Family Court to grant custody of the minor children of the petitioner for a period of 15 days as sought for in the vacations.

Learned counsel for the petitioner – husband submits that though a specific prayer was made for grant of custody of children for a period of 15 days in view of ensuing vacations, the Family Court has granted the petitioner the visitation rights on Saturdays and Sundays, and therefore, the impugned order cannot be sustained.

Learned counsel for the respondent – wife contends that the order passed by the Family Court is just and proper and does not require any interference. He seeks to highlight the fact that the children who were present before the Family Court did not express their wish to go with the father. Therefore, it would not be an appropriate case to grant custody to the father.

It is not in dispute that the children were in the custody of the father till April, 2022 at Mumbai. In my view, having regard to the fact that there is vacation in which the petitioner can enjoy the custody of the children, it would be appropriate to direct the respondent - wife to hand over custody of the children to the petitioner – husband for a period of 10 days commencing from 09.05.2023 till 19.05.2023.

It is contended by the wife that the application for maintenance is still pending consideration and she has to bear the burden of maintaining not only herself, but also children.

Learned counsel for the petitioner submits that the educational expenses of the children are being made out of the joint account maintained by the husband.

As stated above, the application for grant of interim maintenance is pending consideration and having regard to the facts of this case and also taking into consideration that the petitioner is earning about Rs.2.5 lakhs per month, it would be appropriate to grant Rs.1 lakh (Rupees One lakh only) per month as interim maintenance. The award of Rs.1 lakh as interim maintenance would be subject to the ultimate order that may be passed by the Family Court on the pending application for grant of maintenance.

It would be open for the Family Court to award the amount of maintenance in accordance with the affidavits that may be filed by the parties and the Family Court could not be influenced by the order passed by this Court.

It is submitted by the learned counsel for the petitioner that the argument in respect of interim application for maintenance has already been concluded insofar as the petitioner – husband is concerned.

The Family Court shall consider the application questioning the jurisdiction as well as maintenance, as expeditiously as possible, not later than a month from the date of receipt of a copy of this order.

Writ petition is accordingly disposed off.

Hand delivery of this order is permitted.