1 904 caf.2331.11 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2331 OF 2011 IN FIRST APPEAL NO. 1028 OF 2010 Shafeeq Abdul Rahim. ... Applicant Versus Tabassum Shafeeq. ... Respondent ----- Mr. Hakim Salim A.R. for the Applicant. Ms. P.M.Bhansali for the Respondent. ----- CORAM : A.S.OKA, J. DATE : 15 th July, 2011. P.C. 1 Heard the learned counsel appearing for the parties. 2 The Applicant is the father of the child and the Respondent is the mother of the child. The child is born on 16 th January, 2007. 3 By the order dated 20 th December, 2010 passed by this Court in the present appeal, an interim arrangement for access to meet the minor child has been made. The custody of the child is with the Respondent – Mother. 2 904 caf.2331.11 4 By this civil application, modification of the order dated 20 th December, 2010 is sought and custody of the minor child is prayed for on two grounds. The first ground is that the child has become anaemic and the health condition of the child is not good. The second ground is that the Applicant had secured admission to the child in Senior K.G. at Bandra and instead of getting the child admitted to Senior K.G., the Respondent has admitted the child to Junior K.G. in a school at Bhiwandi. 5 The Respondent has filed an affidavit annexing thereto certificate dated 12 th July, 2011 issued by the Paediatrician Dr.Rehan M.Hawai [ M.D. (Paediatrician), D.C.H. (Mumbai) ]. The said certificate shows that the child is being treated for iron deficiency. 6 Considering the said certificate, it cannot be said that the child is not being properly looked after by the Respondent. The report dated 20 th January, 2011 annexed to this application shows Haemoglobin level as 7.9 mg/dl. The certificate dated 12 th July, 2011 issued by Dr.Hawai shows that the Haemoglobin was 10 mg/dl. The fact that 4 and 3 904 caf.2331.11 ½ years old girl is put in a Junior K.G. in a school at Bhiwandi, is no ground to disturb the custody of the mother. 7 The learned counsel appearing for the Applicant has made grievance regarding certain incidents, which have allegedly taken place when the Applicant met child. However, the said grievances cannot be gone into this application and the claimant will have to file appropriate proceedings in that behalf. 8 Hence, the application is rejected. 9 The Respondent shall produce a certificate of the Paediatrician alongwith a report of a pathologist disclosing the level of hemoglobin on or before 24 th August, 2011. The said certificate shall be filed alongwith an affidavit of the Respondent. Copy of the affidavit be forwarded to the advocate for the Applicant. [ A.S.OKA, J ]