m .1 b ^-^•^A^ w M ^ HiGHCOURTOFCHHATTITO^ (Hon. Mr. Justice Pritinker Diwakar) WRIT PETITION (227) No. 729 of 2009 PETITIONERS Non-applicants RESPONDENT Applicant 1 3. VERSUS QUAYANAT ANJUM^ Aged about23 years, Wife of Mohammad Ejaz, Daughter of Liyakat Ali Ansari LIYAKAT ALI ANSARI, Aged about 61 years, Son of late Abdui Hamid Ansari, Occupation - Retired Govt. Servant at present ~ Civil Contractor, WAHtD KHAN, Aged about 3 years, Son of Asif Khan, Through : Natural Guardian (Mother) Quayanat Anjum All Residents of Infront of Ruhi Tailors, R.D.A. Colony, Near Madni Chowk, Sanjay Nagar, Raipur, (C.G.) ASIF KHAN. Aged about 39 years, Son of late Abdul Jabbar Khan, Resjdent of Moudhapra, Occupation - L.D.C., Income-Tax, Deptt. Raipur (C.G.) Mr. Manoj Paranjpe, counsel for the petitioners. Mr. S.S. Rajputand Shri A.S. Iqbal, counsej for the respondent. Respondent Ashif Khan is also present before this WRITPEnTION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA ORDER (23.04.2009) \ Petitioners are challenging the legalfty and validity of the order dated 27.1.2009 passed by the Principal Judge, Famiiy Court, Raipur in Civil Suit No. 12-A/2008 by which the Court has ailowed the application fjled by the respondent under ^BSS^,^, ..J ..-.^- ^ —2— section 12 of the Guardian and Wards Act and directed to hand over the custody of minor child namely Wahid Khan to Nm. Admittedly the proceedings under section 25 of the Guardian and Wards Act are pending before the Family Court since 24.6.2008. During the course of argument, leamed counsel for the parties very fairly submit thatpurpose would be served if respondent is permitted to meet ttie minor chlld - Wahid Khan on every Sunday. Parties have agreed that the petitioner No. 2 shall drop the child in the house ofsister ofthe respondent namely Farjan Akhtar wife of Soukat Hussain who is residing at Sanjay Nagar, Raipur. It is also agreed by the parties that the mtnor child shall be taken by the respondent to be kept with him for the whole day and in the evening he shall drop the child in the house of petjtioner No.2. The agreement entered in to between the partjes appears to be reasonable and accordmgly the respondent herejn is permitted to meet the child on every Sunday for the whole day as has been agreed upon by the parties. tt is expected by the parties that no obstacle shall be created by any one which adversely affects the welfere of the child. This arrangement shall contjnue tilt the final disposal of the suit. Court below to make every endeavour regarding earty djsposaJ of the suit. With these observations, the petitron stancts disposed of. Sd/- pritinker Diwaker Jydge .^^'