^'<.1" 40 -•'l/ II HISH COURT OF CHHATTISGARH ^T BILASPUR Writ Pstitlon No. 1690/2005 CORAM: Hon'bieShriS.R.Nayak, Chief Justice & Hon'ble Shri D.R.Dsshmukh,J. Petitioner Ressondents A^rs< Babita, aged abc5ut 35 years, W/o. Shri S.K.LalJ, AA.usic Teacher, The Jain International School, Bilaspur (C.S.)/ R/o HI&-33, Parijat-Castle, Ring Road-2, Biiaspur-495 001 (C.6.) Versus 1. Ankita Malik,,4ged about 10 years, D/o Mr. Kashino.th Molik. 2. Shri Kashinath Malik, Aged about 39 yeors, Both ft/o. Quarter No.22-,4, Street-26, Sector-10, Bhitai Nagar, Tahsrl and Distt. Durg (C.5.) 3. Sr. Supdt, of Polsce, Durg, District Durg {€.&.} Shri V\&.Tamaskar, Counsel for the petitioner. S^ri Sudhir Verma/ Counsel for respondents No.l & 2. Shri Vinayj4irit^AfortheStute/responde^ ORAL ORDER (Passed on 20.2.2006) The fotlowlng oral order of the Court passed by S.R.NAYAK, C..J. This writ petition is filed by Mrs. Babita complaining 1+sat her Shri Kashinath against tiie wish and wil! of their daughter Ma!ik, the first respondent herein, tdok her away, The Court having entertained the writ petition on 10*08,2005 examined the parties, Ankita AA.dIk who was present before this Court on that day to!d *h& Court that she wouid !ik©to stay with her father, the second respondent and not with her mother. In that view of the matter, the Court permitted A4iss Ankita Maiik to 30 back with her fatSier and stay with him. Since Ankita Malik has been staying with her father out of her wish and wi!t, there is no to take any ! .. • 1 1 — ^— 41 further steps in this writ petition, However, Shri Tamaskar, iearned counsel appearing for the petitioner, on instructions from 1+se petitioner, would request the Court to permit the petitioner to visit the residenca of second respondent to see Miss Ankita Malik periodically. 2, The above request was not opposed by the other side, In that view of the matter, while disposing of this writ petition, we permit the petitioner to take A4iss Ankita Maiik out provlded Miss Ankita agrees to go with her between 10.00 A.M and 1.00 P.A4. on first Sunday of every month and direct her to return A^s. Ankita A^alik to the custody of the second respondent at 1.00 P.M, positive!y. No costs. Sd/- Chief Justice Sd/- Dilip Raosaheb Deshmukh Judge